4. First communication 

If deficiencies persist in the application even after the applicant has filed their response to the search opinion, the examining division will issue a communication under Art. 94(3) and Rule 71(1), Rule 71(2) in subsequent examination proceedings and will consider the applicant's reply before issuing a negative decision or a summons to oral proceedings. For the exceptional case where a summons to oral proceedings is issued as the first action in examination proceedings, see C‑III, 5.

When drawing up such a communication (or exceptionally the summons to oral proceedings), the examining division will take into account the documents (if any) cited in the search report and any further documents found as a result of the search referred to in C‑IV, 7.1 as well as any amendments proposed or comments made by the applicant in reply to the search opinion (see B‑XI, 8) or the Rule 161(1) communication (see E‑IX, 3). The examiner should identify in this communication any EPC requirements that, in their opinion, the application does not satisfy. The communication will give reasons for any objections raised and invite the applicant within a specified period to file observations or submit amendments. The filed application documents are not sent back to the applicant although a copy of the description and claims may be sent in appropriate cases (see H‑III, 2). The examiner will re-examine the application once the applicant has replied.

If no search opinion has been issued (see C‑VI, 3, F‑V, 7.1(ii) and B‑XI, 1.1), the examiner's first communication under Art. 94(3) will, as a general rule (see B‑XI, 3) and by analogy with the search opinion, cover all objections to the application (see B‑XI, 3.4 for exceptional cases where not all objections are raised). A summons will not be issued as the first office action in examination proceedings in such a case.