If Bob wants to add new matter before filing after executing the oath, what should he do?

In situations where a patent applicant, such as Bob, wishes to add new matter to a patent application after executing the oath, the proper action is to file without the oath to retain the filing date. This approach allows Bob to ensure that the original filing date of the application is preserved, as adding new matter to an application can complicate or potentially invalidate the original submission date.

Filing without the oath is a strategic choice since the oath is typically executed to affirm the truthfulness of the application as it currently stands. If new matter is introduced after the oath is signed, it can lead to issues with the application, including the possibility of needing to file a continuation or a new application entirely, which could change the effective filing date.

In contrast, amending the oath to include new matter or changing the application type would create complications and is generally not accepted since the oath should reflect the matter originally filed. Filing a new oath immediately after introducing new matter could also impact the filing date and might not be sufficient to remedy the situation. Therefore, taking the step to file without the oath is the preferred route for retaining the original filing date while allowing for necessary amendments.