10. Sufficiency of disclosure and Rules 56 and Rule 56a

Missing parts under Rule 56 and correct application documents or parts under Rule 56a may be withdrawn within one month of a notification on redating in order to maintain the original filing date, and these parts are then deemed to be no longer part of the application (see also A‑II, 5.4.2 and A-II, 5.5, A‑II, 6.5, C‑III, 1, H‑IV, 2.2.2 and H‑IV, 2.2.3).

Under Rule 56a(4), documents or parts filed erroneously cannot be withdrawn and may only be removed by amending the application in compliance with Art. 123(2).

In this case, the division must carefully evaluate whether the invention is still sufficiently disclosed without relying on the technical information contained in the withdrawn missing parts. If the division reaches the conclusion that the requirements of Art. 83 are not satisfied, a corresponding objection is raised. Ultimately, the application may be refused for lack of sufficient disclosure (see F‑III, 3 to F-III, 5).