What are the consequences of copying claims from a patent without USPTO suggestion?
Copying claims from a patent without suggestion from the USPTO does not constitute a valid reply to the last Office action and may lead to abandonment of the application. According to MPEP 711.02(b):
Copying claims from a patent when not suggested by the U.S. Patent and Trademark Office does not constitute a reply to the last Office action and will not save the application from abandonment, unless the last Office action relied solely on the patent for the rejection of all the claims rejected in that action.
This means that applicants should be cautious about copying claims without proper guidance, as it may not be considered a sufficient response to prevent abandonment.
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