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8.
Restriction of the subject of the search 

In the following cases, the international search report, the declaration issued instead of the search report under Art. 17(2)(a), or the incomplete or partial search report will indicate whether the subject of the search was restricted and which claims have or have not been searched:

GL/ISPE 16.19
GL/ISPE 16.28-16.32

(i)
lack of unity of invention (see GL/PCT‑EPO B‑VII).

Art. 17(3)(a), Rule 13

(ii)
claims in respect of which no meaningful search or only an incomplete search can be carried out (see GL/PCT‑EPO B‑VIII).

In case (ii), the following situations may occur:

(a)
A declaration that a meaningful search has not been possible on the basis of all claims is issued instead of the search report; or 

Art. 17(2)(a)

(b)
If a meaningful search has not been possible for one or more of the claims in part or in full, the claims concerned are mentioned in the incomplete search report and/or in the written opinion. 

Art. 17(2)(b)

In case (a), the reasons for not carrying out the search should be indicated in the declaration.

In case (b), a limitation of the search will not always be indicated in the ISR. Rather, the extent of the search as well as the reasons for the restriction will in many cases only be indicated in the WO‑ISA. See GL/PCT‑EPO B‑VIII, 3.5, for details of whether an indication under Art. 17 should be made in the ISR or only in the WO‑ISA.

(iii)
missing sequence listings (see GL/PCT‑EPO B‑VIII, 3.2).

Rule 5.2, 13ter.1

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