What is Form Paragraph 8.29 used for in patent examination?
Form Paragraph 8.29 is used by patent examiners when they encounter patentably indistinct claims in copending applications. According to MPEP 822, “Form paragraph 8.29 should be used when the conflicting claims are identical or conceded by applicant not to be patentably distinct.”
The form paragraph states:
Claim [1] of this application is patentably indistinct from claim [2] of Application No. [3]. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
This form paragraph serves as a formal notification to the applicant about the presence of patentably indistinct claims and provides instructions on how to address the issue, either by cancelling redundant claims or clearly distinguishing between the applications.
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