How should examiners handle claims that disclose subject matter not shown in drawings or description?
When a claim in the original application discloses subject matter not shown in the drawing or described in the description, examiners should treat the claim on its merits and require amendments to the drawing and description. The MPEP 608.01(l) states: “Where subject matter not shown in the drawing or described in the description is claimed in the application as filed, and such claim itself constitutes a clear disclosure of this subject matter, then the claim should be treated on its merits, and requirement made to amend the drawing and description to show this subject matter.” It’s important to note that the deficiency lies in the drawing and description, not in the claim itself.
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Topics:
Patent Law,
Patent Procedure