MPEP 608.04(c)
Review of Examiner’s Holding of New Matter

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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608.04(c)    Review of Examiner’s Holding of New Matter [R-11.2013]

Where the new matter is confined to amendments to the specification, review of the examiner’s requirement for cancelation is by way of petition. But where the alleged new matter is introduced into or affects the claims, thus necessitating their rejection on this ground, the question becomes an appealable one, and should not be considered on petition even though that new matter has been introduced into the specification also. See also MPEP § 2163.06.