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In the case of a claim for a process which results in the product of a product claim, if the product claim is patentable then no separate examination for the novelty and non-obviousness of the process claim is necessary (see IV, 9.12), provided that all features of the product as defined in the product claim inevitably (cf. IV, 9.12) result from the claimed process (see III, 4.4, and T 169/88, not published in OJ). This also applies in the case of a claim for the use of a product, when the product is patentable and is used with its features as claimed (see T 642/94, not published in OJ). In all other instances, the patentability of the claim referred to does not necessarily imply the patentability of the independent claim containing the reference. It should also be noted that if the process, product and/or use claims have different effective dates (see C-V, 1 and 2), a separate examination may still be necessary in view of intermediate documents.
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