How are canceled claims handled in the ex parte reexamination certificate?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2287 - Conclusion Of Ex Parte Reexamination Proceeding,
Patent Law,
Patent Procedure