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Guidelines for Examination

 
 
7.1
Restriction to a single, searched invention 

In reply to an objection of lack of unity, the applicant must restrict the claims to a single invention which has been searched. The examination can then be continued as for a unitary application but limited to that invention (see C-III, 3.1 and 3.2). However, if in response to a negative opinion concerning that invention the applicant later amends the claims to switch to a different searched invention, the Division will exercise of the Division's its discretion under Rule 137(3) andto refuse to admit the amendments since only one invention in each application can be examined for conformity with the requirements of the EPC (see G 2/92)should be considered, in order to avoid serial examination of the different searched inventions (see also C-III, 3.4).