How does the written description requirement apply to amended or new claims?
The written description requirement applies not only to original claims but also to amended and new claims introduced during prosecution. The MPEP 2163.01 states:
“The fundamental factual inquiry is whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, applicant was in possession of the invention as now claimed.”
This means that any amendments or new claims must find support in the original disclosure. If an applicant introduces new subject matter not adequately described in the original specification, it may lead to a rejection under 35 U.S.C. 112(a). Applicants should carefully review the original disclosure to ensure that all amendments and new claims are fully supported to avoid potential rejections or limitations on claim scope.
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