3.2.1 Claims with explicit references to the description or drawings 

Although explicit references in the claims to features elucidated in the description or in the drawings are only permissible where "absolutely necessary" (Rule 43(6) – see also B‑III, 3.5 and F‑IV, 4.17), claims containing such references are still searched if these features are unambiguously defined by specific parts of the description.

However, where the reference does not clearly identify which subject-matter of the description and/or drawings is to be regarded as included in the claim, an invitation under Rule 63(1) is issued. In the special case of an "omnibus claim" (e.g. one reading: "The invention substantially as herein described"), no invitation under Rule 63(1) is issued, and the search report will subsequently be treated as complete. This means that this kind of subject-matter will be dealt with only during examination.

The same procedure is followed regardless of whether or not the reference to the drawings and/or the description is allowable under Rule 43(6). In either case, the claim will have the same scope: if the reference is not allowable, the applicant will be asked to copy the definition of the technical feature from the description and/or drawings into the claim; if it is allowable, the claim will stay as it is.

However, where the reference does not appear to be allowable under Rule 43(6), the search division will object to it in the search opinion (if applicable – see B‑XI, 7).