Can adding specific percentages to a broader original disclosure be considered new matter?
Yes, adding specific percentages to a broader original disclosure can be considered new matter. The MPEP section 608.04(a) states:
New matter includes not only the addition of wholly unsupported subject matter, but may also include adding specific percentages or compounds after a broader original disclosure, or even the omission of a step from a method.
For guidance on determining whether such additions constitute new matter, the MPEP refers to MPEP § 2163.05. It’s important for applicants to ensure that any specific percentages added are inherently supported by the original disclosure.
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Topics:
Patent Law,
Patent Procedure