When examining whether or not a claim is to be put in the form provided for in Rule 43(1), second sentence, it is important to assess whether this form is "appropriate". In this respect the purpose of the two-part form is to allow the skilled person to see clearly which features necessary for the definition of the claimed subject-matter are, in combination, part of the prior art. If this is sufficiently clear from the indication of prior art made in the description, to meet the requirement of Rule 42(1)(b), the two-part form is not insisted upon.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/f_iv_2_3_2.htm
Date retrieved: 17 May 2021