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3.2
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Number of independent claims
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According to Rule 29(2), as in force since 02.01.2002 and applicable to all European patent applications in respect of which a communication under Rule 51(4) was not issued by that date, the number of independent claims is limited to one independent claim in each category.
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Rule 29(2)
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Exceptions from this rule can only be admitted in the specific circumstances defined in sub-paragraphs (a), (b) or (c) of this rule, provided the requirement of Art. 82 with regard to unity is met (see III, 7).
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The following are examples of typical situations falling within the scope of the exceptions from the principle of one independent claim per category:
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(i)
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examples of a plurality of inter-related products (Rule 29(2)(a)):
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plug and socket;
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transmitter - receiver;
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intermediate(s) and final chemical product;
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gene - gene construct - host - protein - medicament;
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(ii)
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example of a plurality of different inventive uses of a product or device (Rule 29(2)(b)):
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second or further medical uses in the claim format of a "second medical use"-type claim (see IV, 4.2);
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(iii)
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examples of alternative solutions to a particular problem (Rule 29(2)(c)):
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a group of chemical compounds;
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two or more processes for the manufacture of such compounds.
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CHAPTER III CLAIMS
3.1 Categories
3.3 Objection under Rule 29(2)
