Can replacement drawings be rejected for containing 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, replacement drawings can be rejected if they contain new matter. The MPEP 608.02(h) states that when reviewing replacement drawings, examiners should not overlook “such factors as new matter, the necessity for the replacement sheets and consistency with other sheets.”

If an examiner identifies new matter in the replacement drawings, they may decide not to enter the sheets into the application. In such cases, the examiner must provide a complete and explicit reasoning for the denial of entry. The MPEP instructs examiners to:

“Identify any drawing(s) not entered because they contain new matter and explain the correction(s) necessary to obtain entry upon resubmission.”

Applicants should ensure that replacement drawings only contain information that was supported in the original disclosure to avoid rejection based on new matter.