How does new matter differ from lack of written description?
While both new matter and lack of written description relate to the content of a patent application, they are distinct concepts with different implications. The MPEP 2163.01 clarifies: “The claim should not be rejected or objected to on the ground of new matter. As framed by the court in In re Rasmussen, 650 F.2d 1212,…
Read MoreWhat 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…
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