The examination fee will be refunded in the situation described in Art. 10b RFees (see VI, 2.2, 3rd paragraph, and VI, 2.5).

If an international application and a European application are consolidated in accordance with the conditions laid down by Legal Advice No. 10/92 rev., OJ 11/1992, 662, the examination fee paid in respect of the European patent application will be refunded in full if the request for consolidation was made before the Examining Division had taken responsibility for both applications or at a rate of 75% if the Examining Division had already taken responsibility for both applications but had not yet begun substantive examination of the second application when consolidation was requested. This also applies where there has been an international preliminary examination under Chapter II PCT.