According to Rule 40(1)(c), the applicant may file a European application by reference to a previously filed application (A‑II, 18.104.22.168). Since claims are no longer required in order for a date of filing to be accorded, the applicant has three options:
(iii)when filing the European application, indicate the reference to a previously filed application and file the claims after the date of filing (Rule 58).
In cases (i) and (ii) the claims will form part of the application as originally filed, whereas in case (iii) the claims filed after the date of filing will not and will thus have to fulfil the requirements of Art. 123(2) (see H‑IV, 2.2.3 H‑IV, 2.2.4).