Third case: The EPO did not act as ISA and the EPO as IPEA has no objections
If the WO-ISA was issued by an ISA other than the EPO, the WO-ISA is not considered to be the first written opinion of the EPO as IPEA (see point 4.2.016). However, if the EPO as IPEA has no objections to the (amended) application for which preliminary examination has been requested, it may proceed to issue the IPER immediately if it is in possession of the elements listed in Rule 69.1(a) PCT (see point 4.1.027).
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c4_2_6_4.html
Date retrieved: 17 May 2021