What is the procedure for canceling claims after filing an appeal brief?

Canceling claims after filing an appeal brief follows a specific procedure. According to MPEP 1206:

“An amendment canceling claims may be admitted even if it includes no other changes to the claims.”

Here’s the procedure:

1. The applicant submits an amendment canceling one or more claims.
2. The examiner has the discretion to enter the amendment.
3. If entered, the examiner must issue a supplemental examiner’s answer addressing the change in the status of the claims.
4. The applicant then has the opportunity to file a reply brief.

It’s important to note that while claim cancellations are generally entered, any other changes to the claims in the same amendment may not be entered as a matter of right and are subject to the examiner’s discretion.

To learn more:

• claim cancellation
• appeal brief
• examiner discretion
• supplemental examiner’s answer