Rule 1828 Partial transfer of the right to the European patent
Part II – Implementing Regulations to Part II of the Convention
Chapter I – Procedure where the applicant is not entitled
(1) If a final decision determines that a third party is entitled to the grant of a European patent in respect of only part of the subject-matter disclosed in the original European patent application, Article 61 and Rules 16 and Rules 17 shall apply to such part.
(2) Where appropriate, the original European patent application shall contain, for the designated Contracting States in which the decision was taken or recognised or must be recognised on the basis of the Protocol on Recognition, claims, a description and drawings which are different from those for the other designated Contracting States.
28See decision of the Enlarged Board of Appeal G 3/92 (Annex I).