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At least under European Patent practice and Case Law , lack of unity (of invention) can appear either "'' A Priori ''", i.e. before taking into account the Prior Art , or "'' A Posteriori ''", i.e. after having taken into account the prior art. An ''a posteriori'' lack of unity usually results from a lack of Novelty or Inventive Step of the subject-matter of one independent Claim . When a patent application is objected to on the ground of a lack of unity, patent protection is not ruled out, as it would be the case if the invention was found to be lacking novelty. A Divisional Application can usually be filed for the second invention, and for the further inventions if any. SEE ALSO
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