Can dependent claims be rewritten as independent claims after filing an appeal brief?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, rewriting dependent claims into independent form is one of the few types of amendments that may be admitted after filing an appeal brief. According to MPEP 1206 : “Amendments filed on or after the date of filing a brief pursuant to 37 CFR 41.37 and within the time period set forth in 37 CFR 90.3 may be admitted only to: (A) cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding; or (B) rewrite dependent claims into independent form.” The MPEP further clarifies that rewriting dependent claims into independent form includes: Adding the limitations of the parent claim(s) to the dependent claim Incorporating all the subject matter of a dependent claim into an independent claim, canceling the dependent claim, and changing the dependency of claims which had depended from the canceled dependent claim Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incorporate Dependent Claim into Independent Claim MPEP 1206 Permitted Amendments After Filing Appeal Brief MPEP 1206 Permitted Permitted Amendments Before Filing Appeal Brief MPEP 1206 Permitted Non-Compliant Appeal Brief Amendment Under CFR 41.33(b) MPEP 1206 Timing of Amendments After Non-Compliant Briefs MPEP 1206 Dependent Claim Amendments Before Board Transfer MPEP 1206 Prohibited Limitations on Post-Brief Amendments MPEP 1206 Permitted Notify Applicant of Amendment Rejection MPEP 1206 Recommended Notify Applicant of Amendment Denial with PTOL-304 MPEP 1206 Recommended Permitted Claim Rewriting Methods MPEP 1206 Permitted Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? How does adopting examiner sugges...