How can a reissue applicant rebut a recapture rejection?
A reissue applicant can rebut a recapture rejection by demonstrating that the reissue claims include limitations that materially narrow the claims in a way related to the surrendered subject matter. According to MPEP 1412.02: “The reissue applicant may rebut a recapture rejection by demonstrating that a claim rejected for recapture includes one or more claim…
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