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Case Law of the Boards of Appeal

 
 
2.2. More than one independent claim per category: Rule 43(2) EPC

R. 29(2) EPC 1973 (R. 43(2) EPC) was amended with effect from 1 January 2002. Prior to this date it permitted an application to contain two or more independent claims in the same category where it was "not appropriate" to cover the subject matter by a single claim. The amendment to R. 29(2) EPC 1973 means that the exceptions to the general principle that an application ought to contain no more than one independent claim per category is now more clearly defined by the rule itself. R. 43(2) EPC is not applicable in opposition proceedings (see point 2.2.3 below).

The case law below relates to the amended version of R. 29(2) EPC 1973 which corresponds to R. 43(2) EPC.