Appeal No. 2006-0375
Application 10/447,581
introducing new matter into the disclosure of the invention under 35 U.S.C. § 132, set forth in
the final action mailed December 20, 2004, is a petitionable matter. Indeed, the examiner does
not find, and neither do we, that this amendatory material is necessary to support the scope of the
appealed claims and thus, the examiner’s objection is not tantamount to a ground of rejection of
the appealed claims under 35 U.S.C. § 112, first paragraph, written description requirement. See
Manual of Patent Examining Procedure (MPEP) § 608.04(c) (8th ed., Rev. 2, May 2004, Rev. 3,
August 2005).
(5th ed., Sybil P. Parker, ed., New York, McGraw-Hill, Inc. 1994).
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