How does adding a specific limitation to a claim affect its scope?
Adding a specific limitation to a claim typically narrows its scope. According to MPEP 2163.05:
“The introduction of claim changes which involve narrowing the claims by introducing elements or limitations which are not supported by the as-filed disclosure is a violation of the written description requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.”
This means that while adding a limitation can narrow a claim’s scope, it must be supported by the original disclosure to avoid violating the written description requirement.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.05 - Changes To The Scope Of Claims,
Patent Law,
Patent Procedure