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Now only is Kabuto another ninja but ET are a prep jutsu....
But if you whant to go technical Tobi can put some Zetsu spores, port to Kabuto, grab him and port back in some 10 seconds and do what you stated. But that would not be Tobi fighting, but Tobi + Kabuto and its not allowed.
Even in the Naruto Tournament we had this was not alowed.... How in the world you got to this conclusion from what i said is above my level of understanding.