How are “new matter” amendments treated in inter partes reexamination?
“New matter” amendments in inter partes reexamination are treated as follows:
- Amendments to the disclosure that introduce new matter ( 35 U.S.C. 132 ) will be required to be canceled.
- Claims containing new matter will be rejected under 35 U.S.C. 112.
- “New matter” amendments to drawings are ordinarily not entered.
MPEP 2670 states: “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.” For more information on new matter, refer to MPEP §§ 608.04, 608.04(a) and 608.04(c).
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2670 - Clerical Handling,
Patent Law,
Patent Procedure