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The test for added subject matter

Generic disclosure as a basis for amendment to a specific feature

7.98 If a generic term can be regarded as applying only to a limited number of alternatives then amendment to one of those alternatives may be allowable. This would be restriction of subject matter rather than addition of subject matter.

7.99 For example, disclosure of a pump for use with a fluid would be contemplated as being used for liquid or gas. Restriction to one of these alternatives would probably be permissible.

7.100 However, this will depend on the facts of the case. In Noxell Ltd’s Application BL O/137/92, the hearing officer did not allow amendment to limit the term layer to “nonpeelable layer” despite submissions from the applicant that “layer” included peelable and non-peelable.