How can an applicant delete a benefit claim in a reissue application?
The process for deleting a benefit claim in a reissue application depends on the filing date of the application:
- For applications filed on or after September 16, 2012: Include an application data sheet (ADS) that does not list the benefit claim when filing the reissue application, or file a corrected ADS complying with 37 CFR 1.76(c) that deletes the reference to the prior-filed application.
- For applications filed before September 16, 2012: Amend the specification if the benefit claim is there, or submit a supplemental ADS complying with pre-AIA 37 CFR 1.76(c) to delete references to prior applications.
In both cases, if the benefit claim is in the specification, it should be amended to reflect the correction even if an ADS is filed.
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