If the claims on which the search is to be based were filed after the date of filing or under Rule 58, they do not form part of the application documents "as originally filed". Also, for Euro-PCT applications (see B-III, 3.3.1), it may happen that amended claims form the basis for the supplementary European search. In either case, before starting the search, the examiner checks whether or not these claims introduce subject-matter that extends beyond the content of the application "as originally filed" (see also A-III, 15).
If the claims contravene the requirements of Art. 123(2), the examiner will face one of the following situations:
A similar problem may also occur when a divisional application is filed and the amended claims do not satisfy the requirements of Art. 76(1): the same criteria as described in steps (a) to (c) above should then be applied.