Where the EPO does not perform a supplementary search, the application must be limited to an invention searched either in the international phase by the EPO or in the European phase in a search under Rule 164(2)(a). The above principles (H‑II, 7.1, to H‑II, 7.3) then apply mutatis mutandis (see also E‑IX, 4.2).

In Rule 164(2) cases, a further communication according to Art. 94(3) and Rules 71(1) and Rule 71(2) repeating a lack of unity objection is not necessary, as a communication according to Art. 94(3) and Rule 71(1) and Rule 71(2) addressing (also) unity of invention has already been issued under Rule 164(2)(b) (see also H‑II, 2.3, and H‑II, 7.2).