What are the requirements for amending claims in a reissue application?
When amending claims in a reissue application:
- Present the entire text of each amended claim
- Underline any added matter
- Enclose any deleted matter in brackets
- For new claims, present the entire claim with underlining
- Cancel claims by stating “Cancel claim X” without presenting the text
- Do not renumber original patent claims
The MPEP states: “37 CFR 1.173(b)(2) requires that: (A) For each claim that is being amended by the amendment being submitted (the current amendment), the entire text of the claim must be presented with markings as defined above; (B) For each new claim added to the reissue by the amendment being submitted (the current amendment), the entire text of the added claim must be presented completely underlined; (C) A patent claim should be canceled by a direction to cancel that claim.“
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