T 0178/84 (Unreported lack of unity) vom 07.12.1987

1. It lies within the discretion given to the Examining Division by Rule 25(1)(b) EPC to decide that a patent application lacks unity of invention in the sense of Article 82 EPC even if the Search Division did not raise a similar objection under Rule 46(1) EPC. (This is the opposite of the situation Rule 46(2) EPC pertains to.)

2. The provisions of the Convention relating to unity of invention illustrate its general intention to leave it to the applicant to decide with what subject-matter to proceed in his patent application. The subject-matter concerned is excluded form further prosecution in the partent application. However, the applicant can file a divisional application to cover this subject-matter.