T 0544/88 (Reduction in NOx content) vom 17.04.1989

1. If an applicant, in response to a lack-of-unity objection under Article 82 EPC, files new claims allegedly relating to an invention meeting the unity requirement, examination should be continued even if the other application documents have not been limited to the subject-matter of those claims.

2. However, the Examining Division may request the applicant to bring the description and drawings into line with the valid claims (Rule 27(1)(d) EPC) and to delete from the patent documents those parts of the description and drawings which do not refer to claimed inventions (Rule 34(1)(c) EPC). It will then be necessary to check in each individual case whether such adjustments ought to be deferred until allowable claims are submitted.