How can a rejection be overcome by amendment?

The ability to overcome a rejection by amendment revolves around clarifying or narrowing the scope of the claims in response to the reasons for rejection. Adding limitations or steps from the specification directly addresses this goal. When an applicant adds specific limitations or steps that were not previously included in the claims, it can help to distinguish the claims over the prior art cited in the rejection.

This amendment makes the claims more specific, potentially addressing issues such as lack of novelty or obviousness by showing that the claimed invention has unique features not found in the prior art. By refining the claims in this manner, the applicant creates a more defensible position for patentability, demonstrating how the invention meets the necessary legal standards.

The other options do not effectively address the nature of overcoming a rejection through amendment. Submitting a new patent application does not directly amend the rejected claims. Increasing the number of claims may not resolve the issues raised in the rejection; in fact, it could complicate matters. Including an element not mentioned in the claims could introduce new matter, which is typically not permissible in an amendment during prosecution. Therefore, adding limitations or steps from the specification aligns with the requirements for a successful amendment in response to a rejection.