How should an examiner handle dependent claims in ex parte reexamination?
When dealing with dependent claims in ex parte reexamination, examiners must follow specific guidelines as outlined in MPEP 2262:
- Each dependent claim should be examined for patentability in its own right.
- If a base claim is rejected, dependent claims must be individually addressed.
- Reasons for allowance of dependent claims must be provided if the base claim is rejected.
The MPEP states: “If subject matter is found to be allowable in a dependent claim while the independent claim is rejected, the examiner should include reasons for allowance of the dependent claim.” This emphasizes the need for thorough examination of each claim, regardless of its dependency.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2262 - Form And Content Of Office Action,
Patent Law,
Patent Procedure