How are new claims numbered in the ex parte reexamination certificate?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. New claims in ex parte reexamination are numbered according to specific rules. The MPEP 2287 provides clear guidance: “If new claims have been added, the examiner should number them, starting with the number next higher than the number of claims in the patent.” For example, if the original patent had 20 claims, the first new claim added during reexamination would be numbered as claim 21. This sequential numbering system ensures clarity and continuity in claim identification throughout the reexamination process and in the final certificate. 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 Amended or New Claims Must Not Enlarge Patent Scope MPEP 2287 Prohibited No Re numbering of Patent Claims Allowed MPEP 2287 Permitted Conference to Review Patentability of Claims MPEP 2287 Notice of Intent to Issue Reexamination Certificate Required MPEP 2287 Claims Must Be Withdrawn If Patent Expires During Reexamination MPEP 2287 Required Requirements for NIRC Submission Before Processing MPEP 2287 Recommended Notice of Intent to Issue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 When Conference Confirms Examiner’s Decision MPEP 2287 Required Review of Claims Decided by Board Not Required MPEP 2287 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)? How are canceled claims handled in the ex parte reexamination certificate? What happens if all claims are canceled in an ex ...