What are the guidelines for addressing new matter in ex parte reexamination?
In ex parte reexamination, addressing new matter is subject to specific guidelines as outlined in MPEP 2262:
- New matter is not permitted in reexamination proceedings.
- If new matter is introduced in an amendment, it must be objected to and not entered.
- The examiner must provide a detailed explanation of why the proposed amendment introduces new matter.
The MPEP states: “An amendment in a reexamination proceeding including any new matter… will not be entered… The examiner should provide a detailed explanation as to why the proposed amendment contains new matter.” This emphasizes the strict prohibition on new matter and the examiner’s responsibility to clearly communicate any such issues.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2262 - Form And Content Of Office Action,
Patent Law,
Patent Procedure