Where the grounds or evidence behind the finding of non-allowability or inadmissibility of the amendments have not yet been dealt with in examination proceedings, before issuing a summons to oral proceedings or a decision to refuse (see C‑V, 4.7.3) the examining division will send a communication according to Art. 94(3) and Rule 71(1) and Rule 71(2) explaining this finding.[Art. 94(3); Rule 71(1); Rule 71(2); ]
If one of the following situations applies, the examining division will have to appoint oral proceedings before issuing a decision to refuse (see C‑V, 4.7.3):[Art. 116(1); ]
If the grounds and evidence behind the finding of non-allowability or inadmissibility of the amendments have been dealt with in examination proceedings, but not yet in oral proceedings, a summons to oral proceedings can be issued directly, provided at least one communication under Art. 94(3) and Rule 71(1) and Rule 71(2) has been issued.
Requests for oral proceedings must be allowed as long as proceedings before the EPO are still pending, i.e. until the decision to grant has been handed over to the internal post (see G 12/91 and T 556/95, especially reasons for the decision 4.4).
If the following criteria are satisfied, the application may be refused directly:[Art. 97(2); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_v_4_7_1.htm
Date retrieved: 17 May 2021