Where both a description is filed and the details of an earlier application are given in Part 10 of the Form, the applicant or their agent should be contacted to clarify under which of the mutually exclusive options of s. Many situations will fall between the two scenarios, but care should always be exercised to ensure that the invention considered is that of the claims properly construed rather than simply the embodiment s. Close Date The Office tries to keep red tape to a minimum, but some formalities are necessary for the system to work properly. If however the applicant can show convincingly that it would be clear to a person skilled in the art that the description was incorrect in suggesting that the feature in question was essential, and if the main claim which implies by omission that the feature is not essential was present on the date of filing, amendment of the description may be allowed instead.
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