There is a special instance in which the Rule 43 form of claim is avoided. This is when the only relevant prior art is another European patent application falling within the terms of Art. 54(3). Such prior art must however be clearly acknowledged in the description (see F‑II, 4.3, penultimate paragraph, and F‑II, 4.4).[Art. 54(3); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/f_iv_2_3_1.htm
Date retrieved: 17 May 2021