Why would the FDA encourage them to keep the refile short so they could consider it as calss 1? If they were still concerned with the drug they wouldn't allow them to do that as it would be a waste of time.
You expect FDA to be consistent???? I've seen plenty of examples of FDA encouraging drug companies to go to phase 3 and then only to have FDA rejecting the drug on approval day due to something in Phase 2.
FDA makes $$ from drug company's filing. The more the company files, the more money FDA makes!