38Such an objective would be jeopardised if, in order to fulfil the condition set out in Article 3(d) of Regulation No 469/2009, it were possible to take into account, in respect of a new formulation of an old active ingredient, solely the first MA to be covered by the scope of the basic patent protecting that new formulation and to disregard an MA which had been granted previously in respect of the same active ingredient in another formulation.
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