If the applicant replies to the Rule 71(3) communication by requesting that a grant be based on a higher-ranking request and the examining division is not convinced by the arguments and evidence filed by the applicant with his reply, the examining division resumes examination following the procedure in C‑V, 4.7.1. The examining division may also directly refuse the application providing a full reasoning under the proviso that:
For the purposes of determining whether the reasons not to grant the higher-ranking requests given in the communication under Rule 71(3) allow the division to issue a refusal, a general indication such as "Auxiliary request 3 is not clear because an essential feature is missing" is not sufficient. Rather, a more detailed statement is needed to ensure that the applicant's right to be heard is properly respected. For example, the division may provide the applicant with an explanation such as: "Auxiliary request 3 is not inventive in view of D1 (see col. 5, lines 25-46; fig. 4) because the skilled person, wishing to avoid friction between the cable and the carpet, would make the clip recess deeper than the cable diameter".