MPEP § 608.04(c) — Review of Examiner’s Holding of New Matter (Annotated Rules)
§608.04(c) Review of Examiner’s Holding of New Matter
This page consolidates and annotates all enforceable requirements under MPEP § 608.04(c), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Review of Examiner’s Holding of New Matter
This section addresses Review of Examiner’s Holding of New Matter. Contains: 1 guidance statement and 1 other statement.
Key Rules
Patent Application Content
Where the new matter is confined to amendments to the specification, review of the examiner’s requirement for cancelation is by way of petition. But where the alleged new matter is introduced into or affects the claims, thus necessitating their rejection on this ground, the question becomes an appealable one, and should not be considered on petition even though that new matter has been introduced into the specification also. See also MPEP § 2163.06.
Where the new matter is confined to amendments to the specification, review of the examiner’s requirement for cancelation is by way of petition. But where the alleged new matter is introduced into or affects the claims, thus necessitating their rejection on this ground, the question becomes an appealable one, and should not be considered on petition even though that new matter has been introduced into the specification also. See also MPEP § 2163.06.
Citations
| Primary topic | Citation |
|---|---|
| Patent Application Content | MPEP § 2163.06 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 608.04(c) — Review of Examiner’s Holding of New Matter
Source: USPTO608.04(c) Review of Examiner’s Holding of New Matter [R-11.2013]
Where the new matter is confined to amendments to the specification, review of the examiner’s requirement for cancelation is by way of petition. But where the alleged new matter is introduced into or affects the claims, thus necessitating their rejection on this ground, the question becomes an appealable one, and should not be considered on petition even though that new matter has been introduced into the specification also. See also MPEP § 2163.06.