Is it possible defend unity objection with amendments

Question

Let's say claim 1 is not novel and claim 2 is novel and unity objection is posteriori and next independent claim (claim 3) defines a system comprises a device according to any of preceding claims. If I add claim 2 to claim 1,do I have to still delete claim 3?

Ps:I dont want to file divisional and case is for Ep.

Claim 1 is fibre (not novel) and claim 2 is dependent and is about sub feature of fibre (like density of etc) and is novel and claim 3 defines textile product comprise fibre of claim 1 + another feature. Claim 1 and 2 has no unity problem.

Answer 1

If claim 1 is not novel it can’t be an independent claim so combining it with limitations that are novel is required.

The EPO does allow multiple independent claims for different aspects of an invention. An example is a device, a system built around that device, a method of making the device and a method of using the device.

Properly drafted that could apply to a fiber and a fabric made from the fiber or a method of making the fabric.

If the fabric is only unique because if the special fiber, there is only a single inventive concept. If, on the other hand, the fabric is unique for a reason unrelated to the specific fiber, then you are trying to patent two inventions in one application.

If you truly have two inventions but only want to pursue one patent you will need to think about design around, what kind of entity would infringe, how you can detect infringement, who you would license and other commercial factors to decide which invention gives you the biggest commercial value.