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Guidelines for Examination

 
 
2.3.1
No two-part form 

There is a special instance in which the Rule 43 form of claim should be avoided. This is when the only relevant prior art is another European patent application falling within the terms of Art. 54(3). Such prior art should however be clearly acknowledged in the description (see F-II, 4.3, penultimate paragraph, and 4.4).

References

Art. 54(3)