Can I use two alternative element without broder statement without covers both? (In one independent claim) (In EPO application)

In example, X comprising (A or B) and C (it is an independent apparatus claim)

Further question,

X comprising (A or B) and C wherein "C is configured for Y if invention comprising A" or "C is configured for Z if invention comprising B"

P.S: Combination of A and B and C provides very similar techical effect for both alternatives. P.S: I cant use broder term covers both A and B

Thank you all.

1 Answer 1


Claims are hard to draft and your approach might not be artful but alternatives are allowed in EPO claims if they don't get too confusing.

A claim, whether independent or dependent, may refer to alternatives, provided that the number and presentation of alternatives in a single claim does not make the claim obscure or difficult to construe and provided that the claim meets the requirements of unity (see also F-V, 3.2.1 and 3.2). In the case of a claim defining (chemical or non-chemical) alternatives, i.e. a so-called "Markush grouping", unity of invention is considered to be present if the alternatives are of a similar nature and can fairly be substituted for one another (see F-V, 3.2.5).

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