If the claims still cover an unsearched invention, an objection under Rule 64 would also apply, in line with decision G 2/92 as discussed in H‑II, 7.2.
Sometimes lack of unity of invention arises only during substantive examination, for example following an amendment of one or more claims so as to overcome an objection of lack of inventive step. In such situations the examining division should raise an objection, but only in very clear cases.
Date retrieved: 30 December 2018
14 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C III 3.1.3 Invitation to pay additional search fees combined with invitation to restrict the scope of the search