ther exercises nor waives that right is not a reply for the purposes of Article 96(3) (reasons 3.2 and 3.3).II. Where no reply other than such a letter has been received, a purported refusal pursuant to Article 97(1) EPC is ultra vires - and hence voidable ab initio - since Article 97(1) expressly precludes refusal where a different sanction is provided for by this Convention, the sanction provi