Can adding specific percentages to a broader original disclosure be considered new matter?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.