How are multiple dependent claims treated in reexamination certificates?
Multiple dependent claims receive special treatment when preparing a reexamination certificate. The treatment differs between the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) and the Examiner’s Checklist.
MPEP 2287 provides detailed guidance on this topic. For the NIRC, the addition or deletion of a claim in multiple dependency is viewed as adding a new claim or canceling an existing claim. For example, if claim 2 depends on claim 1 or 8, and claim 8 is new, claim 2/8 would be listed as a new claim in the NIRC.
However, for the Examiner’s Checklist, the addition or deletion of a claim in multiple dependency is viewed simply as amending the claim. In the above example, claim 2 would be listed as an amended claim in the Checklist.
This difference in treatment ensures that the NIRC accurately reflects changes in claim scope, while the Examiner’s Checklist focuses on changes to the text of the claims themselves.
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