3.2.2 Using the description and/or drawings to identify the technical problem 

Rule 42(1)(c) states that the description must (at least implicitly) mention the technical problem the invention is intended to solve (see also F‑II, 4.5). This means the technical problem can be identified even if it is not immediately apparent from the claims.

However, the technical problem may change in view of the prior art found (see G‑VII, 5.3, H‑V, 2.4 and T 39/93, OJ EPO 1997, 134; see also G‑VII, 5.2, T 184/82, OJ EPO 1984, 261, and T 732/89).