4.1.1 Rule 62a and/or Rule 63 cases

Amended claims may not relate to subject-matter not searched in accordance with Rule 62a or Rule 63 (see, however, H‑II, 5). Consequently, the presence of this subject-matter in the description cannot be used as a basis for its reintroduction into the claims (see also B‑VIII, 3.2.2 and B‑VIII, 4.2.2).

However, the examining division does not raise an objection under Rule 137(5), second sentence, if the applicant only further limits a searched claim by introducing subject-matter taken from the description unless this subject-matter was explicitly declared as not searched under Rule 62a and/or Rule 63.

When assessing the allowability of an amendment under Rule 137(5), second sentence, the examining division also evaluates if the limitation of the search under Rule 62a and/or Rule 63 or the declaration of no search was justified (see B‑VIII, 3.2.2, B‑VIII, 4.2.2, H‑II, 5). If the invitation was not appropriate or the limitation not justified, an additional search may be necessary (see C‑IV, 7.3).