T 0689/90 (Event detector) of 21.01.1992

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 Article 123(2) EPC. It is only under particular conditions that such features can be introduced by way of amendment into the claims of an application.

2. Such an amendment would not contravene Article 123(2) if the description of the invention as filed leaves no doubt to a skilled reader:

(a) that protection is or may be sought for such features;

(b) that such features contribute to achieving the technical aim of the invention and are thus comprised in the solution of the technical problem underlying the invention which is the subject of the application;

(c) that such features implicitly clearly belong to the description of the invention contained in the application as filed (Article 78(1)(b) EPC), and thus to the content of the application as filed (Article 123(2) EPC);

(d) that such features are precisely defined and identifiable within the total technical information within the reference document.