What happens if an amendment enlarges the scope of claims in a reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When an amendment enlarges the scope of claims in a reexamination, it is handled in a specific manner. According to MPEP 2270:

“Where an amendment enlarges the scope of the claims of the patent, the amendment will be entered; however the appropriate claims will be rejected under 35 U.S.C. 305.”

This means that while the amendment will be entered into the record, the claims that have been broadened will be rejected under 35 U.S.C. 305, which prohibits enlarging the scope of claims in a reexamination proceeding.