Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
7. Work within the Examining Division
7.3 Recommendation to refuse
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
7. Work within the Examining Division7. Work within the Examining Division
  7.2 Recommendation to grant7.2 Recommendation to grant     7.4 Tasks of the other members of the Examining Division7.4 Tasks of the other members of the Examining Division  
 

7.3

Recommendation to refuse

 

When referring to the Examining Division an application which is not in order for grant of a patent, the examiner should make a written report which sets out the points at issue, summarises the case history to the extent necessary to enable the other members to obtain a quick grasp of the essential facts, and recommends the action to be taken, e.g. refusal, or grant conditional upon certain further amendments. As the other members will need to study the case themselves, there is no need for a detailed exposition. It will be useful, however, to draw attention to any unusual features or to points not readily apparent from the documents themselves. If the report recommends refusal and the issue seems clear-cut, the examiner may include with his report a draft reasoned decision for issue by the Examining Division (see VI, 2.4 ); if the issue is not clear-cut, the drafting of the reasoned decision should be deferred until the Division has discussed the case.