New matter

For synthetic chemists, who are interested in the transformation of known and the creation of new matter, elemental carbon as starting material once played a minor role. This situahon changed dramatically when the family of carbon allotropes consisting of the classical forms graphite and diamond became enriched by the fullerenes. In contrast to graphite and diamond, with extended solid state stmctures, fullerenes are spherical molecules and are soluble in various organic solvents, an important requirement for chemical manipulations. 

In recent decades we have not only been using the materials provided by the earth, but making new matter new elements (by nuclear fission) and new chemicals (by organic synthesis). This new matter takes part in the processes of the earth it enters our bodies, soils, the water and air, where it interacts with the natural chemicals it encounters, transforming them and itself. Its novelty means that the processes in which it takes part can be considered to be new natural processes (Arendt, 1968, p58). The complexity of the environments in which these take place means that there is great uncertainty as to their outcomes. 

As is well known, the observable or accountable matter in distant spiral galaxies is insufficient for generation of sufficient gravity in the spiral arms to keep the matter in the arms from flying away [73,74]. It has been conjectured for some time that various types of exotic new matter never observed (and therefore dark ), must be responsible for the excess gravity. 

So, one is rigorously seeking excess, unaccounted-for dark energy in some form—which may or may not be in the form of exotic new matter. ... 

Although the applicant is free to amend the claims in the patent application during the prosecution of the patent application, he cannot rewrite the claims in any way he pleases. Rather the claims must be fully supported by the text of the patent application as filed any attempt to add matter in the claims that is not supported by the patent application as filed will draw what is often referred to as a new matter rejection, meaning that the applicant has attempted to introduce new matter to the patent application that was not present as originally filed. An attempt to introduce new matter into the claims during the patent prosecution process violates the written description requirement and will be discussed in more detail in Chapter 9. 

The prohibition against placing new matter into an application after it s already been tiled is governed by the written description requirement as stated in 35 U.S.C. 132(a). The prohibition against introducing new matter into a patent application after tiling is discussed in detail in Chapter 9. 

Later in this section, we will learn more about what constitutes new matter, but for now it is sufficient to appreciate that the addition of a compound species to a claim where the specification did not disclose that species is almost always going to be treated as new matter. 

One aspect in all this is that the claims that are originally filed with the specification are part of the specification, and thus should not qualify for new matter rejections. This means that an applicant may submit a list of claims with the original specification and during the prosecution may withdraw one or more of the claims, only to resubmit them later in the prosecution of that same patent application (or one... 

Why would the applicant wish to make the amendment First, if he doesn t, then the originally claimed Markush of claim 1 would be anticipated (rendered not novel) as it is currently written recall that a single earlier disclosed species falling within a later claimed Markush will anticipate the later claimed Markush structure. By redrawing the Markush definition carefully, it is possible to exclude the anticipating species while minimizing the amount of claim scope lost. Unfortunately the applicant in this case is almost certain to get a new matter rejection because at the time of filing,... 

Although the written description requirement is most typically discussed in the context of when an applicant attempts to amend claims or the patent specification after the patent application has already been filed, there is a second, broader aspect to consider. This second aspect of the written description requirement relates not to the amendment process per se but rather to whether the claims, even where present in the original specification (such that there is no new matter issue), have written description support in the patent application. This written description requirement is separate from the new matter context discussed earlier, and is often discussed in the context... 

A recent case heard on appeal by a panel of the CAFC, Univ. of Rochester v. G.D. Searle Co. provides an example of a written description, possession of the invention controversy.20 Although this is a pharmaceutical science rather than a pure chemistry case, the general discussion in the opinion is instructive for its reflection of the current judicial policy values in regard to whether a broad claim finds adequate written description support in the specification (outside of the new matter context already discussed). 

To complete the picture new matter gushes out into free space where electronic structure adapts to the low-curvature environment as in a phase transition, which renders some nuclides unstable against radioactive decay. The end product is 264 stable nuclides in the solar system. 

Skeptics of the correctness of the Big Bang, especially the famed cosmol-ogists Fred Hoyle and Geoffrey Burbidge, envision smaller bangs occurring as new matter is created in the universe even today. Those are the 3He sources in that picture. 

The Old King represents the matter to be worked upon, the prime matter or old state of consciousness that must be shattered during nigredo. Conversely, the Young Prince, his son, is the new matter or consciousness struggling to emerge. 

Until a US patent is issued, a "Continuation-in-Part"(CIP) may be filed by the applicant. The same or a similar invention is refiled with new information which may enable the inventor to change or extend the patent claims and to better define the subject matter and its use. If the CIP is based on the same invention and not on later art than the original application, the priority date of the first application may be maintained. To retain the priority is, in fact, the intention of most CIP applications. New patent claims which are based upon information added in the CIP ("new matter") will get a separate, later priority. 

The second volume of The Alkaloids (Academic Press) by R. H. E. Manske and H. L. Holmes, which contains three long chapters on morphine, thebaine, and sinoiqenine, appeared in 1952 whilst the present work was in preparation. The apparent duplication is not regretted partly on account of the new matter which it is now possible to include and partly because of the misunderstanding of the stages of development of the structural theory which does not show in true perspective some points where English chemists made a significant contribution. 

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