Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
9. Special applications
9.1 Divisional applications (see also A-IV, 1)
9.1.6 Claims
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
9. Special applications9. Special applications
9.1 Divisional applications (see also A-IV, 1)9.1 Divisional applications (see also A-IV, 1)
  9.1.5 Description and drawings9.1.5 Description and drawings       
 

9.1.6

Claims

 

The parent and divisional applications may not claim the same subject-matter (see IV, 6.4). This means not only that they must not contain claims of substantially identical scope, but also that one application must not claim the subject-matter claimed in the other, even in different words. The difference between the claimed subject-matter of the two applications must be clearly distinguishable. As a general rule, however, one application may claim its own subject-matter in combination with that of the other application. In other words, if the parent and divisional applications claim separate and distinct elements A and B respectively which function in combination, one of the two applications may also include a claim for A plus B.