How are new claims presented in an ex parte reexamination certificate?
New claims in an ex parte reexamination certificate are presented as follows:
- They are listed numerically in a double column format
- The full text of each new claim is included
- New claims are numbered starting after the highest number of any original patent claim
As stated in MPEP 2290: “Any new claim added as a result of the reexamination proceeding is listed in the certificate by number in numerical order, starting with the next highest number following the number of claims in the original patent.”
This format ensures that new claims are clearly distinguishable and properly numbered in relation to the original patent claims.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2290 - Format Of Ex Parte Reexamination Certificate,
Patent Law,
Patent Procedure