Characteristics of the search
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  2. Legal texts
  3. Guidelines for Examination
  4. Table of Contents
  5. Part B
  6. Characteristics of the search
  7. 3. The subject-matter of the search
  8. 3.10 Different categories
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3. The subject-matter of the search

Overview

3.10 Different categories 

If the application contains different categories of claims, the search must cover all of them (for cases not complying with Rule 43(2), see B‑VIII, 4). However, if a product claim clearly seems to be both new and non-obvious, the search division will not carry out any special search on claims for a process which inevitably results in the manufacture of that product or for use of the product (see F‑IV, 3.8 and G‑VII, 13). When the application contains only claims of one category, it may make sense to include other categories in the search. For example, it can generally be assumed, i.e. unless the application contains contrary information, that, in a claim directed to a chemical process, the starting products form part of the state of the art and need not be searched. The intermediate products will only be searched if they are the subject-matter of one or more claims. The final products on the other hand will always have to be searched unless they are clearly known.

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