What happens if a base claim is canceled or rejected?

The treatment of dependent claims when a base claim is canceled or rejected is addressed in MPEP 608.01(n):

• If the base claim has been canceled, a claim which is directly or indirectly dependent thereon should be rejected as incomplete.
• If the base claim is rejected, the dependent claim should be objected to rather than rejected, if it is otherwise allowable.

The MPEP provides a specific form paragraph (7.43) for objecting to claims that are dependent on a rejected base claim: “Claim [1] objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.”

This approach allows examiners to indicate potentially allowable subject matter while maintaining the rejection of the base claim.

To learn more:

• dependent claims
• claim rejection
• patent examination
• allowable subject matter