the last time the PTO tried that trick by making substantive changes that were not authorized by congress - they were roundly smacked upside the head.
Regulations may only be imposed within the boundaries set by the authorizing legislation. If it isn't authorized by congress, the regulatory agency cannot regulate it. All that stuff you are reading in the Federal Register is either authorized by the legislation - or ripe for being tossed out on by a challenge if it is not. That's how regulation works. The fence is drawn by congress - regulatory agencies can fill in the detail, but they are strictly limited by the outer boundaries authorized by congress.
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