Chapter VIII – Work within the examining division
A revised version of this publication entered into force. |
When an application is referred to the other members of the division, they will first consider the case individually and each will indicate his or her opinion on the course of action to be taken. If there is complete agreement with the recommendation of the primary examiner, no further consultation of the division will be necessary. When further action is needed, the primary examiner will be entrusted with the work. If, however, there is not complete agreement immediately with the primary examiner, or at least one member of the division wishes to discuss the case further, further consultation of the division will be arranged. In such discussions, the division should try to reach a unanimous opinion, but where this seems unlikely, the difference of opinion must be resolved by voting. When the division is enlarged to four members (see C‑VIII, 7), the chair has a casting vote should this be necessary.
The other members of the examining division should bear in mind that their function generally is not to perform a complete re-examination of the application. If, following a discussion, the conclusions of the examiner entrusted with the examination are generally considered to be reasonable, the other members should accept them.