A situation may arise in which, as a result of amendment, the application has two or more distinct sets of claims. This may occur, in particular, when the "state of the art" includes the content of a European application (or more than one European application) coming within the terms of Art. 54(3), and some of the Contracting States designated in the application under examination are also designated definitively in that other or those other European application(s) by confirming the designation through payment of the relevant designation fees (see IV, 6.1a, IV, 6.3 and III, 8.1).

In examining the sets of claims referred to above, it will generally be found expedient to deal with each one quite separately, especially where the difference between them is substantial. The communication to the applicant will thus be divided into two or more parts, and the aim will be to have each set of claims, together with the description and drawings, brought into a state where it is in order to proceed to grant.

As indicated in IV, 6.3, if the examiner considers that the description and drawings are so inconsistent with either set of claims as to create confusion, he should require the applicant to amend the description and drawings to remedy this. If the applicant voluntarily proposes such amendment the examiner should admit it only if he considers it necessary.

Hence this type of application will, after amendment, either consist of two or more distinct sets of claims each supported by the same description and drawings, or two or more sets of claims each supported by different descriptions and drawings.

A similar situation may arise where a final decision on entitlement to the grant of a European patent applies to only some of the States designated in the application (see VI, 9.2.4).