II. Patent application and amendments
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Case Law of the Boards of Appeal
Case Law of the Boards of Appeal of the European Patent Office
II. Patent application and amendments
G. Prohibition of double patenting
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G. Prohibition of double patenting
Overview
G. Prohibition of double patenting
1.
Introduction
2.
Legal basis for the prohibition of double patenting
3.
Subject-matter and scope of protection
3.1.
Introduction
3.2.
Decisions allowing claims directed to overlapping subject-matter
3.2.1
Independent "parent" claim includes all features of the "divisional" claim with an additional feature
3.2.2
Overlap relates to dependent claim
3.2.3
Overlapping scope of protection
3.2.4
Scope of claims of granted patent fully encompassed in scope of protection of claim request
3.3.
Decisions rejecting claims directed to overlapping subject-matter
3.3.1
Reclaiming the preferred way of carrying out the invention
3.3.2
Combination of features of granted independent and dependent "parent claims"
3.4.
Change of claim category
3.5.
Different descriptions
4.
Double patenting objection in opposition
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