Applicant A filed a European patent application with reference to the earlier application filed in the United States, stating in the request that the claims were not part of the application. The claims were filed within two months of the notice to rectify the situation under Rules 58 and 57(a) of the EPC. No priority was claimed.
The specification and drawings disclose two embodiments, and the claims are a summary of these two embodiments, using terms that encompass the features of these two embodiments but are broader than the literal wording of these two embodiments.
Will the claim be accepted?
a. Yes. The claims were filed within the time limit prescribed by Article 58 EPC and are therefore acceptable to the EPO.
b. No. These claims introduce additional subject matter and therefore violate Article 123(2) EPC.
c. Yes. The application is filed by reference and the claims are therefore considered incorporated.
d. No. However, the application can be dated back to the date the claims were filed.
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