3.5.2 No absolute right to a decision issued by way of EPO Form 2061

In T 62/13 the board observed that a decision to refuse based on the file as it stands could be issued either by way of a form (EPO Form 2061) referring to an earlier communication, or alternatively by way of a fully reasoned decision. In T 1360/05 the board stated that the examining division is not obliged to restrict itself to a decision by reference using the standard form when the necessary reasons in relation to the latest filed claims have not been formulated in any document on file.