Does the inclusion of "Hot Water" in Claim 1 make it new subject matter?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

The assertion that the inclusion of "Hot Water" in Claim 1 does not introduce new subject matter hinges on the idea of what is already encompassed within the claim itself. If "Hot Water" has been explicitly stated or implied in Claim 1, the addition does not constitute new subject matter because it simply reiterates or clarifies an existing feature of the claim.

In patent law, for a modification to introduce new subject matter, it must go beyond what was originally disclosed in the application. If the phrase "Hot Water" does not change the scope, meaning, or interpretation of Claim 1 and is consistent with the overall disclosure in the application, then it remains an aspect of the original invention.

This understanding aligns with the statutory requirements that aim to prevent the introduction of new subject matter that was not previously part of the application's original disclosure. Therefore, the modification does not necessitate a new set of claims or a change in the specification, supporting the conclusion that the claim retains its foundational elements without introducing new aspects.

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