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Q113. Affidavits to Evidence the Knowledge of a Person Skilled in the Art

Q113. Affidavits to Evidence the Knowledge of a Person Skilled in the Art
 Can an Applicant argue, if Examiner rejects an additional example? Should affidavits be submitted to evidence the knowledge of one of ordinary skill in the art?

A113. Under the amendment to the Patent Law in 1993, new matter, which is not described or shown in the original specification or drawings, cannot be added. Accordingly, addition of an example or an embodiment of the invention is not allowed in most cases. According to Art.36(4), for the purpose of meeting the disclosure requirement, at least one example needs to be shown. This means that the disclosure requirements are met if the application includes one example which is covered by the scope of claimed invention if the scope of the invention is broad. Therefore, there is no longer any basis for Examiner to reject an application on the ground that a sufficient number of examples are not presented, and thus there would be no need to add an example after the filing of the application.