If the claims were not present at the date of filing the application, the examining division must check whether the subsequently filed claims satisfy the requirements of Art. 123(2). If the basis for these subsequently filed claims in the application as filed has not been indicated by the applicant (see H‑III, 2.1) and the application is one of those mentioned in H‑III, 2.1.4, the examining division may send a communication according to Rule 137(4) requesting the applicant to provide this information (see H‑III, 2.1.1).[Art. 123(2); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_iii_1_1_2.htm
Date retrieved: 17 May 2021