What is the significance of In re Rasmussen in relation to new matter?

The case of In re Rasmussen is significant in the context of new matter in patent applications. As mentioned in MPEP 2163.06:

“In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981)”

This case established an important principle:

• When new matter is added to the claims, the appropriate action is to reject the claims under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph – written description requirement.
• This approach ensures that the claims are properly examined for compliance with the written description requirement.
• It emphasizes that new matter in claims is treated differently from new matter in the specification or drawings.

The Rasmussen decision guides examiners in properly addressing new matter issues in patent applications, ensuring consistency in patent examination procedures.

To learn more:

• In re Rasmussen
• new matter
• patent claims
• written description requirement
• 35 U.S.C. 112(a)