How are “new matter” amendments handled in reexamination proceedings?
“New matter” amendments are treated strictly in reexamination proceedings. According to MPEP 2270:
“Any ‘new matter’ amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A ‘new matter’ amendment to the drawing is ordinarily not entered.”
This means that any amendment introducing new matter to the specification will be canceled, and claims containing new matter will be rejected. New matter in drawings is typically not allowed.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2270 - Clerical Handling,
Patent Law,
Patent Procedure