Can I simply uncross canceled text to reinstate it in a patent application?
No, you cannot simply uncross or unmarked canceled text to reinstate it in a patent application. The process for reinstating canceled text is specific and regulated. According to MPEP 608.01(s):
“Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.”
This means that any attempt to reinstate canceled text must be done through a formal amendment process. The canceled text must be presented as entirely new content, not by simply removing strikethrough or other cancellation markings. This ensures clarity in the prosecution history and prevents confusion about the status of the text in the application.
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