2. Art. 83 vs Art. 123(2)

It is the responsibility of the applicant to ensure that on filing the application a sufficient disclosure is provided, i.e. one that meets the requirements of Art. 83 in respect of the invention as claimed in all of the claims. If the claims define the invention, or a feature of it, in terms of parameters, the application as filed must include a clear description of the methods used to determine the parameter values unless a skilled person would know what method to use or unless all methods would yield the same result (see F‑IV, 4.11). If the disclosure is seriously insufficient, that deficiency cannot subsequently be remedied by adding further examples or features without offending Art. 123(2), which requires that amendments may not result in the introduction of subject-matter extending beyond the content of the application as filed (see H‑IV, 2.1; see also H‑V, 2.2). Therefore, in such circumstances, the application must normally be refused. If, however, the deficiency concerns only some embodiments of the invention and not others, it could be remedied by restricting the claims to correspond to the sufficiently described embodiments only and deleting the description of the remaining embodiments.