How are patent claim numbers handled during reexamination?

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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. During patent reexamination, the numbering of existing patent claims must be preserved, and any new claims must follow a specific numbering convention. 37 CFR 1.530(g) states: “Patent claims may not be renumbered. The numbering of any claims added in the reexamination proceeding must follow the number of the highest numbered patent claim.” This rule ensures continuity and clarity in claim referencing throughout the reexamination process. For example, if a patent’s highest numbered claim is 20, any new claims added during reexamination would start at 21, regardless of any cancellations of original claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Follow Highest Numbered Claim During Reexamination MPEP 2234 Prohibited Amendments Required for Merged Reexamination Proceedings MPEP 2234 Clerical Handling of Amendments by Patent Owner MPEP 2234 Rules for Ex Parte Reexamination of Patents MPEP 2201 Permitted All Amendments Must Be Fully Presented MPEP 2234 Required Rejection Must Be Based on Prior Art in Ex Parte Reexamination MPEP 2258 Prohibited Proper Claim Amendment Format for Patent Owner MPEP 2234 Ex Parte Reexamination Certificate Required MPEP 1215.01 Recommended Amendments Must Comply With Specific Requirements for Reexamination MPEP 2234 Required Claims and Descriptions Must Be Fully Presented For Any Amendment MPEP 2234 Required Other Related FAQs 5 FAQs Collapse Can the scope of patent claims be enlarged during reexamination? When do amendments become effective in patent reexamination? What are the marking requirements for amendments in patent reexamination? How are amendments made in patent reexamination proceedings? What additional infor...