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Guidelines for Examination

 
 
3.4
Version of the granted patent to be considered 

In order to verify the criteria of Art. 123(3) the examiner needs to compare the text of the amended claims with the claims of the patent as granted or as amended in opposition or earlier limitation proceedings, whichever claims are the most recent in force. This means that for the purposes of Art. 123(3) the amended claims are not necessarily compared to the claims as granted. When modified claims later replace the claims as granted (because of an opposition or earlier limitation(s)), the criterion for Art. 123(3) is applied with regard to the latest of these modified claims.