What happens if an amendment enlarges the scope of claims in a reexamination?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2270 - Clerical Handling,
Patent Law,
Patent Procedure