Features from a cross-referenced document can, under particular conditions be introduced by way of amendment into the claims of an application (see H-IV, 2.3.1).Features which are not disclosed in the description of the invention as originally filed but which are only described in a cross-referenced document which is identified in such description are prima facie not within "the content of the application as filed" for the purpose of Art. 123(2). It is only under particular conditions that such features can be introduced by way of amendment into the claims of an application.
Such an amendment would not contravene Art. 123(2) if the description of the invention as originally filed leaves no doubt to a skilled reader (see T 689/90) that:
Moreover, documents not available to the public on the date of filing of the application can only be considered if (see T 737/90):