Guidelines for Examination:PART C: CHAPTER V PRIORITY, 2. Determining priority dates, 2.4 Some examples of determining priority dates, 2.4.3 Multiple priorities claimed for different inventions in the application with an intermediate...

Guidelines for Examination
PART C
CHAPTER V PRIORITY
2. Determining priority dates
2.4 Some examples of determining priority dates
2.4.3 Multiple priorities claimed for different inventions in the application with an intermediate...

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PART C
CHAPTER V PRIORITY
2. Determining priority dates
2.4 Some examples of determining priority dates

2.4.2 Intermediate publication of another European application:

2.4.4 A situation in which it has to be checked whether the application from which priority is actually...

2.4.3

Multiple priorities claimed for different inventions in the application with an intermediate publication of one of the inventions:

EP claims priority of P1 and P2, D is the disclosure of A+B.

1.1.90

1.2.90

1.3.90

1.6.90

filing

publication

filing

A + B

A + B + C

claim 1: A + B

claim 2: A + B + C

Claim 1 has a valid priority of P1 for its subject-matter, thus publication D is not state of the art under Art. 54(2) against this claim. Claim 2 cannot benefit from the priority of P1, as it does not concern the same subject-matter. Thus publication D is state of the art under Art. 54(2) for this claim (see G 3/93, OJ 1-2/1995, 18). It is immaterial whether claim 2 is in the form of a dependent or an independent claim.