Marginal note:Clarification
91 For greater certainty, the specification and the drawings contained in a divisional application on its presentation date must not contain matter that is not in the specification and the drawings contained in the original application on its filing date, or if the original application is itself a divisional application, on its presentation date, unless
(a) the matter may be or could have been added, under section 38.2 of the Act without taking into account subsection 38.2(4) of the Act, to the specification and the drawings contained in the original application; or
(b) it is admitted in the specification that the matter is prior art with respect to the application.
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