2.3 Partial entitlement 

If, by a final decision, it is adjudged that a third party is entitled to the grant of a European patent in respect of only part of the matter disclosed in the European patent application, then the above considerations apply only to that part. In such a case, option (i) mentioned in C‑IX, 2.1 is not open to the third party and, regarding option C‑IX, 2.1(ii), the new application must be confined to that part of the original subject-matter to which the third party has become entitled. Similarly, the original application must, for the designated states concerned, be confined to the subject-matter to which the original applicant remains entitled. The relationship between the new application and the amended original application will be similar to that between two divisional applications, and the relationship between each of those and the original application will be similar to that between divisional applications and the application from which they are divided. The guidance set out in C‑IX, 1.4, C-IX, 1.5 and C-IX, 1.6 is therefore applicable to this situation.