How does the USPTO determine if reissue claims are for the same general invention?
The USPTO determines if reissue claims are for the same general invention by examining whether the claims are supported by the original patent disclosure. According to MPEP 1412.01:
The original patent specification, drawings, and claim set must adequately support and describe the claims of the reissue application.
The examiner will review the reissue claims in light of the original patent to ensure that:
- The claims are for the invention disclosed in the original patent
- No new matter has been introduced
- The claims are not directed to a different invention
If these criteria are met, the reissue claims are considered to be for the same general invention as the original patent.
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