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