How are cancelled claims indicated in an inter partes reexamination certificate?
How are cancelled claims indicated in an inter partes reexamination certificate? In an inter partes reexamination certificate, cancelled claims are clearly indicated to show the changes made to the patent. According to MPEP 2688: “Claims which were canceled by the reexamination proceeding are omitted from the inter partes reexamination certificate. Such claims are listed at…
Read MoreWhat is the examiner’s responsibility regarding cancelled claims after a Board decision?
After a Board decision in a patent appeal, the examiner has specific responsibilities regarding cancelled claims. According to MPEP 1214.05, “It is necessary for the examiner to notify the appellant of the cancellation of the withdrawn claims.” This means that if claims are considered withdrawn and subsequently cancelled due to the appellant not presenting them…
Read MoreWhat is the procedure for reinstating a canceled patent claim?
Reinstating a canceled patent claim requires a specific procedure. According to MPEP 608.01(s): “A claim canceled by amendment (deleted in its entirety) may be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number.” This means that if an applicant wishes to reinstate a previously canceled claim,…
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