How should certificate of correction changes be incorporated into a reissue application?

Certificate of correction changes should be incorporated into a reissue application without underlining or bracketing. This applies to changes made by a certificate of correction dated before the filing of the reissue application or during its pendency. As stated in MPEP 1411.01: “The applicant should include any changes, additions, or deletions that were made by…

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How should disclaimers of claims be handled in a reissue application?

Disclaimers of claims under 37 CFR 1.321(a) should be incorporated into a reissue application without using underlining or brackets. This treatment is similar to that of certificate of correction changes. According to MPEP 1411.01: “Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets.” This…

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What should an examiner do if certificate of correction changes are improperly marked in a reissue application?

If certificate of correction changes are improperly submitted with underlining and brackets in a reissue application, the examiner should require the applicant to correct this. The correction should be in the form of a replacement paragraph (or paragraphs) without such markings. MPEP 1411.01 states: “If the changes are submitted improperly with underlining and brackets, the…

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When is a clean copy of the specification required in a reissue application?

A clean copy of the specification may be required in a reissue application when the certificate of correction changes are extensive. This requirement is at the discretion of the examiner, after consulting with their supervisor. MPEP 1411.01 states: “If the changes are extensive, a clean copy of the specification with the certificate of correction changes…

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