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Case Law of the Boards of Appeal

 
 
2.1. Form of claims: Rule 43(1) EPC

R. 43(1)(a) and (b) EPC (like R. 29(1)(a) and (b) EPC 1973) define the two-part form which a claim is to have where this is appropriate. Such claims must contain a statement indicating the designation of the subject-matter of the invention and those technical features which are necessary for the definition of the claimed subject-matter but which, in combination, form part of the prior art ("preamble"), and a characterising portion stating the technical features for which, in combination with the features stated in the first part, protection is sought (see also Guidelines F-IV, 2 - June 2012 version).