2.3.4 International applications 

For the purposes of Art. 123(2), the documents as originally filed are those originally filed in the PCT phase (normally published as a WO publication), a copy of which can always be obtained from the International Bureau. Therefore amendments made during the PCT phase (including amended, substitute or rectified sheets, even if attached to the WO publication) or upon entry into the regional phase before the EPO must, if maintained in the European phase, fulfil the requirements of Art. 123(2), and all such amendments must be carefully considered.

2.4Assessment of "added subject-matter" – examples

If an application relates to a rubber composition comprising several ingredients and the applicant seeks to introduce the information that a further ingredient may be added, then this amendment is normally objected to as infringing Art. 123(2).

In the case of a disclosure of both a general and a preferred range, a combination of the preferred disclosed narrower range and one of the part-ranges lying within the disclosed overall range on either side of the narrower range may be derivable from the original disclosure of the application.

In an application which describes and claims an apparatus "mounted on resilient supports", without disclosing any particular kind of resilient support, an objection is raised if the applicant seeks to add the specific information that the supports are, or could be, e.g. helical springs.

If, however, the applicant were able to demonstrate that the drawings, as interpreted by the skilled person, show helical springs, the specific mention of helical springs would be allowable, at least in the context of the specific embodiment where it is disclosed (see also H‑V, 3.2.1).