How should examiners identify claims in an examiner’s amendment?

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.

According to MPEP 1302.04(g), examiners should identify claims in an examiner’s amendment as follows:

“To identify a claim, an examiner’s amendment should refer to it by the original number and, if renumbered in the allowed application, also by the new number.”

This means that examiners should provide both the original claim number and, if applicable, the new claim number after renumbering in the allowed application. This practice ensures clarity and helps track the claim’s history throughout the examination process.