Is increasing the number of claims in a response considered not fully responsive?
Increasing the number of claims in a response to a second or subsequent non-final action on the merits is not, by itself, a reason to consider the response not fully responsive. The MPEP states:
An amendment submitted after a second or subsequent non-final action on the merits which is otherwise responsive but which increases the number of claims drawn to the invention previously acted upon is not to be held not fully responsive for that reason alone.
However, it’s important to note that the response must still meet all other requirements for a fully responsive reply, including addressing all rejections and objections and complying with the provisions of 37 CFR 1.121 regarding the manner of making amendments.
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