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6 Cards in this Set
- Front
- Back
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When is a preliminary amendment considered part of the original disclosure?
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- A preliminary amendment accompanying an application filed on or after September 21, 2004 is treated as being part of the original disclosure.
- Before September 21, 2004, it is not treated as part of the original disclosure UNLESS the oath or declaration (original or supplemental) refers to the preliminary amendment. |
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What is required if a preliminary amendment accompanying an application includes new matter?
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Applicant may be required to submit a supplemental oath or declaration referring to the preliminary amendment.
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What is new matter?
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Information added to an application after it is filed that is not disclosed (explicitly, implicitly, intrinsically, or inherently) in the application as filed.
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Is a latter added priority reference considered new matter?
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No.
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How does the patent office examiner deal with new matter in the claims of a reissue application?
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Rejects new matter in claims under 112 para. 1 and §251.
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Who reviews objections and who reviews rejections?
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Rejections are reviewable by the BPAI. Objections are reviewed by petition.
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