If not all of the claims have been searched, in accordance with G 2/92 the applicant will be required to restrict the claims to one of the searched inventions. If in reply to the search opinion the applicant then restricts the claims to one of the originally claimed inventions which has not been searched, the examiner will write a first communication repeating the lack-of-unity objection raised in the search opinion. Any arguments of the applicant should be duly considered and dealt with in the communication.
If the application is restricted to unsearched but originally claimed subject-matter, it can be refused under Art. 82 and Rule 64 in line with G 2/92 (subject to the applicant's rights under Art. 113(1) and Art. 116(1)).