3.3 Content of the extended European search report (EESR) 

In the two parts of the EESR, i.e. the search report (or the declaration of no search replacing it) and the search opinion, the search division will explain why it found under Rule 63 that it could not carry out a meaningful search on some or all of the claimed subject-matter and specify what subject-matter it did search (if any) following the procedures described in B‑VIII, 3.2. In the search opinion, it will also invite the applicant to limit the claims to this searched subject-matter (in order to comply with Rule 63(3)). The documents cited in the search report and referred to in the search opinion will relate only to this subject-matter. Even if the searched subject-matter meets the EPC requirements (in particular in that it is novel, inventive and industrially applicable, but also in that it meets the other conditions, such as clarity under Art. 84), the search opinion will still be negative, because the claims do not meet these requirements across their whole scope.

Similarly, if the applicant replies to the invitation under Rule 63(1) by disputing the finding that a meaningful search is impossible (see B‑VIII, 3.2) but the search division still disagrees, it will explain why in the search opinion, referring directly to the applicant's reply if necessary.