How does an examiner respond to a non-compliant amendment under 37 CFR 1.57(b)?

When an examiner encounters a non-compliant amendment under 37 CFR 1.57(b), they follow a specific procedure outlined in the MPEP:

1. They use a form paragraph stating the non-compliance and the specific reason.
2. If the amendment introduces new matter, they follow up with additional form paragraphs (7.28 for specification/drawings, 7.31.01 for claims).
3. For after-final amendments, they issue an advisory action indicating that the amendment raises new issues due to non-compliance.

The MPEP notes, This form paragraph must be followed by form paragraph 7.28, where the amendment is made to the specification and/or drawings and introduces new matter into the disclosure, and/or form paragraph 7.31.01, where the amendment adds new matter to the claims or affects the claims.

For more information on 37 CFR 1.57(b), visit: 37 CFR 1.57(b).