After the analysis referred to in XII, 3.1 to XII, 3.8 has been made, the Search Division may come to the conclusion that the application and the invention to which it relates both satisfy the requirements of the EPC. In this case the search opinion contains a statement giving a general positive opinion on the application documents. However, where it is not possible to conclude the search for all potentially conflicting applications according to Art. 54(3) (4) at the time of the search (see VI, 4.1), a top-up search will have to be carried out in the examination procedure. (see C-VI, 8.4) and subsequently objections according to Art. 54(3) (4) will be raised if appropriate.

Where minor amendments of the application documents would be necessary for the application to proceed to grant, a positive search opinion can still be issued. Thereafter, subject to no prior art according to Art. 54(3)(4) being found in any subsequent top-up search, the Rule 51(4) communication can then be issued in examination proceedings, with those minor amendments being made by the Examining Division according to C-VI, 15.1.