197

The claims fees must be calculated on the basis of the number of claims contained in the application in the version that is, in accordance with the indications in Form 1200, to be taken as the basis for processing in the European phase. However, where, as a consequence of a later (further) amendment of the claims in response to the communication issued pursuant to Rule 109 EPC, the number of claims changes, that number is then used as the basis for calculation of the claims fees (see point 192 ff). The communication pursuant to Rule 109 EPC at the same time sets the time limit for payment of the claims fees pursuant to Rule 110(2) EPC. If the amendments reduce the number of claims, any claims fees overpaid are refunded.