2.2. More than one independent claim per category: Rule 43(2) EPC

R. 29(2) EPC 1973 was amended with effect from 1 January 2002. Prior to this date it permitted an application to contain two or more independent claims in the same category where it was "not appropriate" to cover the subject matter by a single claim. The amended version of R. 29(2) EPC 1973 specified that an application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter involves (a) a plurality of interrelated products, (b) different uses of a product or apparatus or (c) alternative solutions to a particular problem, where it is inappropriate to cover these alternatives by a single claim.

The case law below relates to the amended version of R. 29(2) EPC 1973 (corresponding to R. 43(2) EPC), which is not applicable in opposition proceedings (see in this chapter II.A.2.2.3).

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