How are canceled claims handled in the ex parte reexamination certificate?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. Canceled claims are handled specifically in the ex parte reexamination certificate. The MPEP 2287 states: “Claims which were canceled will be replaced by a statement in the reexamination certificate that the claims were canceled.” This means that rather than simply omitting the canceled claims, the certificate explicitly acknowledges their cancellation. This approach ensures a clear record of the changes made during the reexamination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Ex Parte Reexamination Certificate Must Be Prepared MPEP 2287 Required Review Required for Reexamination Certificate MPEP 2287 Required Claims Must Be Withdrawn If Patent Expires During Reexamination MPEP 2287 Required Requirements for NIRC Submission Before Processing MPEP 2287 Recommended Notice of Intent to Issue Reexamination Certificate Required MPEP 2287 Notice of Intent to Issue Reexamination Certificate Required When Conference Confirms Examiner’s Decision MPEP 2287 Required Notice of Intent to Issue Reexamination Certificate Terminates Prosecution MPEP 2287 Reexamination Certificate Form Requirement MPEP 2287 Permitted No Re numbering of Patent Claims Allowed MPEP 2287 Permitted Prior Art Must Be Listed on PTO Forms MPEP 2287 Required Other Related FAQs 5 FAQs Collapse What happens if all claims are disclaimed in a patent under reexamination? Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? What happens if all claims are canceled in an ex parte reexamination? Can the title or abstract of a patent be changed during reexamination? How is the date of patentability of amended or new claims dete...