An applicant can submit additional experimental data in response to office action (e.g., lack of inventive step), and an examiner will consider the additional experimental data as the basis for patentability at the discretion.
An examiner tends to consider additional data as a basis for patentability when there is a description relating to experiments (e.g., procedures or effects) in the specification. Thus, even if an applicant has no experimental data at the time of filing a patent application, it is beneficial to include a description relating to experiments in the specification. However, if there is a possibility of filing new patent application for an improved invention in the future, the applicant must be careful not to disturb the new patent application.
An examiner tends to consider additional data for inventive step compared to support requirement and enablement requirement.