Only a small percentage of patent applications are allowed as first filed. Generally the officials find some objections against the specifications or claims, generally the latter. It frequently happens that a patent is not secured until after repeated considerations. An inventor should therefore not be discouraged because in the first instance his application is rejected. The rules give ample opportunity for overcoming rejections either by amendment or argument, or both, or even appeal to a higher tribunal.

Amendments may be made to applications at any time prior to the allowance, so as to more clearly or definitely claim the invention, or restrict the specifica-tion and claims to that which is found after examination to be new. But no new or additional matter can be incorporated in an application after it is filed. Anything which is found either in the specification, claims, drawing or model as originally filed in the Patent Office, is not new matter, but anything outside or beyond these will be refused, or if added, the patent will be invalidated thereby. This rule is very strictly followed.

The writer desires to emphasize this point, as his experience is that many inventors think that references which the Patent Office cite against their application can be evaded by making changes or alterations in, or additions to, the application. All efforts in this direction are futile. Modifications and alterations which come within the scope of the claims allowed in the application are covered and protected by the patent. But all other alterations or modifications are not protected by the patent. If they are of sufficient importance to constitute an independent invention, they can be protected by making a separate application therefor.