If, on the other hand, the Examining Division is satisfied that the applicant has had sufficient opportunity to amend and that all the requirements are still not met, it should issue a decision to refuse the application; this decision will normally be drafted by the primary examiner.

The grounds of refusal must be stated and full reasons must be given. Refusal may be based only on grounds on which the applicant has had an opportunity to put forward comments. In addition, the applicant's attention must be directed to the provisions for appeal laid down in Art. 106 to 108. If oral proceedings take place (see E-III), the decision may be given orally but must subsequently be notified in writing, the time for appeal then running from the date of such notification.