Similar considerations apply to later stages of examination on the understanding that, having regard to the principle stated in C‑IV, 3, the greater the number of actions which have already taken place, the greater is the likelihood that the most appropriate action is to refer the application to the other members of the examining division for a decision. Where this decision is to refuse the application, particular care should be taken to ensure that the decision does not offend against Art. 113(1).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_iv_4.htm
Date retrieved: 17 May 2021