How does an examiner handle new matter in a patent application?
When an examiner detects new matter in a patent application, they must take specific actions:
- Object to amendments introducing new matter using 35 U.S.C. 132(a).
- Use Form Paragraph 7.28 to object to new matter added to the specification.
- If new matter affects the claims, reject the claims under 35 U.S.C. 112(a).
The MPEP states:
If new matter is added to the claims, or affects the scope of the claims, the claims affected should be rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, on the ground that it recites elements without support in the original disclosure.
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Topics:
Patent Law,
Patent Procedure