Under Rule 56, missing parts may be withdrawn in order to maintain the original filing date, and these parts are then deemed to be no longer part of the application (see also A‑II, 5.4.2 and A-II, 5.5, C‑III, 1, and H‑IV, 2.3.2).
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whether the invention is still sufficiently disclosed without relying on the technical information contained in the withdrawn missing parts.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).
Date retrieved: 30 December 2018