In Australia, how does one usually deal with an objection that a claim lacks support under subsection 40(3).
Say I am claiming a kettle with a specific type of heating filament.
The claim has been accepted as novel & inventive.
However, now the Examiner says that the invention defined by the claim lacks support under subsection 40(3) because it omits a feature which appear necessary to perform the claimed invention, for example:
- A source of electric current (i.e. to supply electrical power to the heating filament) (the source of electric current is described in the description, say page 3, line 4)
In responding, does the AU attorney usually:
- amend the claim (e.g. to include a source of electric current); or
- amend the description on page 3, line 4 (e.g. to say "In some embodiments, there is provided a source of electric current")?