How are cancelled claims indicated in an inter partes reexamination certificate?
How are cancelled claims indicated in an inter partes reexamination certificate?
In an inter partes reexamination certificate, cancelled claims are clearly indicated to show the changes made to the patent. According to MPEP 2688:
“Claims which were canceled by the reexamination proceeding are omitted from the inter partes reexamination certificate. Such claims are listed at the beginning of the certificate, and are identified as ‘Claims 1-5 (canceled).'”
This means that cancelled claims are not included in the main body of the certificate but are listed at the beginning to clearly show which claims have been removed from the patent as a result of the reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2688 - Issuance Of Inter Partes Reexamination Certificate,
Patent Law,
Patent Procedure