The Examining Division should normally initially uphold the position taken in the search opinion. It may change this position after receiving arguments, amendments and other submissions from the applicant. The position may also alter, irrespective of the applicant's submissions, where the top-up search could not be completed when the search was performed and Art. 54(3) state of the art is found in a top-up search by the Examining Division or further state of the art is brought to the attention of the Examining Division by the applicant or by means of observations according to Art. 115 EPC (see also IV, 3.2, C-VI, 8.5 and C-VI, 8.7).

The Examining Division may also reverse the findings of the search opinion for reasons other than those above (see III, 1.1), however, such cases should be exceptional.