PCT International Search and Preliminary Examination Guidelines
PART VI THE INTERNATIONAL PRELIMINARY EXAMINATION STAGE (OTHER THAN THE INTERNATIONAL PRELIMINARY REPORT)
Appendix to Chapter 20
A20.21 The International Preliminary Examining Authorities have divergent practices with regard to when a negative limitation, disclaimer, or exclusion will raise a new matter issue. Either of the alternative guidelines below may be relied upon by an International Authority as appropriate.
A20.21 A negative limitation that is added in a new claim or by amendment will raise a new matter issue if the subject matter being excluded does not have support in the application as filed. For example, if the disclosure describes a genus of compounds, but does not provide support for any particular species within that genus, a negative limitation excluding a particular species would raise the issue of new matter.
A20.21 A negative limitation or disclaimer with no basis in the application as filed is permissible where the limitation or disclaimer is added to overcome accidental anticipation by a reference or to exclude parts of a claim for reasons other than novelty, such as for lack of industrial applicability or insufficient disclosure.