How should an examiner handle dependent claims in ex parte reexamination?

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.

When dealing with dependent claims in ex parte reexamination, examiners must follow specific guidelines as outlined in MPEP 2262:

• Each dependent claim should be examined for patentability in its own right.
• If a base claim is rejected, dependent claims must be individually addressed.
• Reasons for allowance of dependent claims must be provided if the base claim is rejected.

The MPEP states: “If subject matter is found to be allowable in a dependent claim while the independent claim is rejected, the examiner should include reasons for allowance of the dependent claim.” This emphasizes the need for thorough examination of each claim, regardless of its dependency.