621.9 (D) (3) Claim Clarified by Information Provided in the Limitation of Claim Screen or Spaces 6 (A) and / or 6 (B) of the Paper Application
If the information provided in the New Material Included field describes both the unclaimable material and the new material that the applicant intends to register, and if the Material Excluded field has been left blank (or vice versa), the registration specialist may move the information to the correct field and register the claim without communicating with the applicant. The registration specialist may follow the same approach if the applicant failed to complete space 6 (B) and if the information provided in space 6 (A) of the paper application describes both the unclaimable material and the new material that the applicant intends to register (or vice versa).
Examples:
• An online application is submitted for a musical work. In the Material Excluded/Other field and in the New Material Included/Other field the applicant states “new lyrics added to previously published words and music.” The application may be accepted, even though the Material Excluded field should have described only the “previously published words and music” and the New Material Included field should have described only the “new lyrics.”
• A paper application is submitted for a doctoral thesis. The statement in space 6 (A) reads “revised chapter 4; prepared new chapter 5 based on previously registered manuscript.” The application may be accepted, even though the new material should have been listed in space 6 (B) rather than space 6 (A). In this case, the specialist may move the statement to space 6 (B) and register the claim.