The test for added subject matter


7.109 Amendments to the ranges shall be allowed if the amended range is clearly and unambiguously disclosed in the application either explicitly or implicitly. If the specification as filed merely discloses a range in general, and the applicant later on amends to a narrower range to overcome a piece of prior art, such amendment may not introduce added matter as long as there was support within the specification as filed demonstrating to the person skilled in the art there was clear justification to claiming the narrower range. However, such amendment may still face an inventive step objection.