3.2 3.1 Relation to unity in search; limitation to searched invention

An objection of lack of unity of invention, if applicable, should already have been raised at the search stage. If such an objection was not raised, but the examining division nevertheless considers that the requirements of Art. 82 are clearly not met, the question of lack of unity will be addressed as early as possible during examination (see F‑V, 7.1 and H‑II, 6.3 H‑II, 7.3).

When raising a finding of lack of unity or upholding an earlier one objected to by the applicant on the basis of unconvincing reasons, the examining division will invite the applicant to limit the application to one invention or group of inventions. In response to such an invitation, applicants must clearly indicate which searched invention they wish wishes to prosecute further. If the response is unclear, the examining division must seek clarification before continuing with the examination (see T 736/14).