How should amendments be made in a reissue application if the patent was previously reexamined?
When amending a reissue application for a patent that was previously reexamined:
- Present the amendment as if changes from the reexamination certificate are part of the original patent
- Do not use italics for text that was italicized in the reexamination certificate
- Omit any text that was in brackets in the reexamination certificate
- Line through claims canceled by the certificate, do not use brackets
The MPEP states: “An amendment in the reissue application must be presented as if the changes made to the original patent text via the certificate are a part of the original patent. For example, all italicized text of the reexamination certificate is presented in the amendment (made in the reissue application) without italics. Further, any text found in brackets in the reexamination certificate is omitted in the amendment (made in the reissue application). A claim canceled by the certificate must be deleted by a direction to strike through the claim, i.e., the canceled claim(s) should be lined through, and not surrounded by brackets.“
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