Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
4. Further stages of examination
4.5 Decision according to the state of the file
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
4. Further stages of examination4. Further stages of examination
  4.4 Later stages of re-examination4.4 Later stages of re-examination     4.6 Examination of amendments4.6 Examination of amendments  
 

4.5

Decision according to the state of the file

 

A special case is where the applicant does not file comments or amendments in reply to the examiner's communication but requests a decision "according to the state of the file" or "on the file as it stands", meaning that the applicant wishes to close the debate and a decision is taken on the basis of the current status of the application and any supporting arguments. The decision, which may be appealed, may only be based on grounds and evidence on which the applicant has had an opportunity to present his comments (Art. 113(1)). The decision will be of a standard form, simply referring to the previous communication(s) for its grounds and to the request of the applicant for such a decision (see also E-X, 4.4).