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

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.