How are multiple dependent claims treated in reexamination certificates?

Multiple dependent claims receive special treatment when preparing a reexamination certificate. The treatment differs between the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) and the Examiner’s Checklist. MPEP 2287 provides detailed guidance on this topic. For the NIRC, the addition or deletion of a claim in multiple dependency is viewed as adding…

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What are the consequences of improper multiple dependent claims in PCT applications?

Improper multiple dependent claims in PCT applications can lead to significant consequences during the international search and examination process. According to MPEP 1843.03: “Further, the examiner may determine that a meaningful search cannot be carried out or that no meaningful opinion can be formed for improper multiple dependent claims (see PCT Rule 6.4(a)).” This means…

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How should examiners handle multiple dependent claims in patent applications?

How should examiners handle multiple dependent claims in patent applications? When dealing with multiple dependent claims in patent applications, examiners must follow specific guidelines. The MPEP 707.07(i) states: ‘When examining an application with multiple dependent claims, the examiner should make certain that each multiple dependent claim is proper.’ Examiners are instructed to: Ensure that multiple…

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How does the USPTO handle unacceptable multiple dependent claims?

How does the USPTO handle unacceptable multiple dependent claims? The USPTO has specific procedures for handling unacceptable multiple dependent claims: If an application contains an unacceptable multiple dependent claim, the examiner should object to the claim under 37 CFR 1.75(c). The applicant may cancel the unacceptable multiple dependent claim, amend it to become a single…

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How are fees calculated for multiple dependent claims?

Fees for multiple dependent claims are calculated differently from regular dependent claims. According to MPEP 608.01(n): A multiple dependent claim is considered to be that number of dependent claims to which it refers. Any claim depending from a multiple dependent claim is also considered as the number of dependent claims as referred to in the…

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What is a multiple dependent claim?

A multiple dependent claim is a dependent claim that refers back in the alternative to more than one preceding independent or dependent claim. According to MPEP 608.01(n), “35 U.S.C. 112(e) authorizes multiple dependent claims in applications as long as they are in the alternative form (e.g., ‘A machine according to claims 3 or 4, further…

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What is the proper format for a multiple dependent claim?

Multiple dependent claims have specific formatting requirements as outlined in MPEP 608.01(m). The MPEP states: A multiple dependent claim may refer in the alternative to more than one preceding independent or dependent claim in the specification. The second (or subsequent) independent claim of the claim set should not refer to any other claim of the…

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