How does new matter differ from lack of written description?
While both new matter and lack of written description relate to the content of a patent application, they are distinct concepts with different implications. The MPEP 2163.01 clarifies:
“The claim should not be rejected or objected to on the ground of new matter. As framed by the court in In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981), the concept of new matter is properly employed as a basis for objection to amendments to the abstract, specification or drawings attempting to add new disclosure to that originally presented.”
In essence, new matter refers to additions to the application after filing, while lack of written description concerns the original disclosure’s support for the claims. The examination procedures and statutory bases for these issues differ, although the underlying analysis may be similar.
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