3.5.1 Request for decision "according to the state of the file"

Applicants may request a decision "according to the state of the file" or based "on the file as it stands" during examination proceedings, e.g. when their arguments have already been sufficiently put forward and they are interested in a speedy appealable decision. In such a case, a decision can be issued by way of a standard form (EPO Form 2061), simply referring to a previous communication (see Guidelines C‑V, 15 – November 2018 version).

The Guidelines (C‑V, 15.2 – November 2018 version) explain that a standard form referring to a previous communication (EPO Form 2061) can be used only where the previous communication properly identifies the application documents on file, is well-reasoned and complete with respect to the grounds and the reasons for refusing the currently pending request and addresses all the arguments raised by the applicant. A further condition is that the applicant has submitted no new arguments or amendments since the previous communication.

According to the boards' case law, a standard form may be used to issue a decision only if all the arguments put forward have already been sufficiently addressed in one or more previous communications and, moreover, no new objections have been raised since those communications were transmitted (T 1093/13, T 2364/09).