Guidelines for Examination

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 C-III, 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 exercise of the Division's discretion under Rule 137(3) to refuse to admit the amendments should be considered, in order to avoid serial examination of the different searched inventions (see also C-III, 3.4).