What happens if a reissue claim is directed to a different invention?
If a reissue claim is directed to a different invention than the one disclosed in the original patent, it will be rejected. MPEP 1412.01 states:
Claims in the reissue application that are drawn to an invention comprising a newly claimed combination of features that was not covered by any of the claims in the original patent are considered to be drawn to a different invention and violate the statutory requirement that reissue be for “the invention disclosed in the original patent.”
Such claims would be rejected under 35 U.S.C. 251 as being based on an unsupported invention not disclosed in the original patent.
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