If no search opinion has been issued (see 1.1.2 above, III, 7.11.1(ii) and B-XII 1.1), the examiner's first communication under Art. 96(2) will , as a general rule (see B-XII, 3), cover all objections to the application (but see B-XII, 3.4). These objections may relate to formal matters (e.g. failure to comply with one or more of the requirements specified in Rule 26 to 29, 32, 34, 35 and 36), to substantive matters (e.g. the subject-matter of the application is not patentable), or to both.

If a search opinion according to Rule 44a(1) has been issued, and if the applicant has not replied to it, a communication referring to the search opinion and setting a time limit for reply will be issued as the first communication under Art. 96(2). Failure to respond to this communication in due time will result in the application being deemed withdrawn according to Art. 96(3). If the applicant has filed amendments or comments in response to the search opinion, they will be taken into account when drafting the first communication.