How are amendments made in reissue applications?
Amendments in reissue applications must be made in accordance with 37 CFR 1.173. The key points are:
- All changes must be made relative to the original patent
- Matter to be omitted must be enclosed in brackets
- Matter to be added must be underlined
- For specification changes, submit the entire paragraph with markings
- For claim changes, present the entire text of each amended claim
- Original patent claims cannot be renumbered
As stated in the MPEP: “All amendment changes must be made relative to the patent to be reissued. Pursuant to 37 CFR 1.173(d), any such changes which are made to the specification, including the claims but excluding [certain parts], must be shown by employing the following ‘markings’: (A) The matter to be omitted by reissue must be enclosed in brackets; and (B) The matter to be added by reissue must be underlined.“
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