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In W 12/89 date: 1989-06-29 (OJ 1990, 152) the board referred, inter alia, the following questions to the Enlarged Board of Appeal:

CLR II B 4.1 Determination of the technical problem

CLR II B 4 Criteria for determining lack of unity

4.1. Determination of the technical problem

4.2. Examination as to novelty and inventive step

CLR II B 3.4 No assessment of lack of unity in opposition proceedings

CLR II B 3.3 Assessment of lack of unity and of requests for refund of further search fees in examination proceedings

CLR II B 3.2 Assessment of lack of unity at the search stage

CLR II B 3.1 General approach – content of claims

According to Art. 3(4)(iii) PCT, an international application must comply with "the prescribed requirement of unity of invention", the details of which are set out in R. 13 PCT. In the EPC, the requirements for unity are laid down in Art. 82 EPC and R. 44 EPC.

CLR II B 3 Assessing lack of unity of invention

3.1. General approach – content of claims

3.2. Assessment of lack of unity at the search stage

3.3. Assessment of lack of unity and of requests for refund of further search fees in examination proceedings

CLR II B 5.1 General

CLR II B 5 The single general inventive concept

CLR II B 4.2 Examination as to novelty and inventive step