What claims are considered in a supplemental examination determination?
In a supplemental examination, the Office considers the claims of the patent that are in effect at the time of the determination. Specifically, “The claims of the patent in effect at the time of the determination will be the basis for deciding whether ‘a substantial new question of patentability’ (SNQ) is present.” (MPEP 2816.01)
However, it’s important to note that “the determination will be limited to a review of the claim(s) for which supplemental examination is requested.” The Office generally does not initiate supplemental examination for claims not specified by the patent owner.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.01 - Claims Considered In Making The Determination,
Patent Law,
Patent Procedure