How are new claims presented and amended in a reissue application?
For new claims in a reissue application:
- Present the entire claim with underlining throughout, including the claim number
- Use the status identifier “New”
- Number new claims starting after the last original patent claim number
When amending a previously added new claim:
- Present the entire amended claim with underlining
- Do not use brackets to show changes from the previous version
- Explain changes in the remarks section
The MPEP states: “Each new claim (i.e., a claim not found in the patent, that is newly presented in the reissue application) should be presented with underlining throughout the claim, including the claim number.” It further adds: “An amendment of a ‘new claim’ (i.e., a claim not found in the patent, that was previously presented in the reissue application) must be done by presenting the amended ‘new claim’ containing the amendatory material, and completely underlining the claim, including the claim number. The presentation cannot contain any bracketing or other indication of what was in the previous version of the claim.“
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