What additional information must be provided with claim amendments in a reissue application?
When amending claims in a reissue application, you must provide:
- The status of all patent claims and added claims (pending or canceled)
- An explanation of support in the original disclosure for each claim change
The MPEP states: “Pursuant to 37 CFR 1.173(c), each amendment submitted must set forth the status of all patent claims and all added claims as of the date of the submission. The status to be set forth is whether the claim is pending or canceled. The failure to submit the claim status will generally result in a notification to applicant that the amendment before final rejection is not completely responsive (see 37 CFR 1.135(c)). Such an amendment after final rejection will not be entered.“
It further adds: “Also pursuant to 37 CFR 1.173(c), each claim amendment must be accompanied by an explanation of the support in the disclosure of the patent for the amendment (i.e., support for all changes made in the claim(s), whether insertions or deletions).“
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