How are claims presented in multiple reissue applications?

When multiple reissue applications are filed (such as divisional or continuation reissue applications), all claims of the original patent must be presented in each reissue application, but in different forms. The MPEP states:

Pursuant to 37 CFR 1.177(b) all of the claims of the patent to be reissued must be presented in each reissue application in some form, i.e., as amended, as unamended or as canceled.

However, the same claim cannot be pursued in multiple reissue applications simultaneously:

The same claim of the patent cannot be presented for examination in more than one of the divisional reissue applications, as a pending claim, in either its original or amended versions.

This requirement ensures that each reissue application has a complete set of claims while preventing duplicate examination of the same claim.

To learn more:

• multiple reissue applications
• claim presentation
• divisional reissue
• continuation reissue