What is the process for handling claim amendments in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. The process for handling claim amendments in ex parte reexamination is outlined in MPEP 2262 : Amendments must be made relative to the patent claims. New claims must be numbered consecutively starting with the number next following the highest numbered patent claim. All amendments must be accompanied by an explanation of support in the disclosure. Amendments that broaden the scope of claims are not permitted. The MPEP states: “All amendments in reexamination proceedings must be made relative to (i.e., vis-à-vis) the patent claims in effect as of the date of the filing of the request for reexamination.” This emphasizes the importance of maintaining the proper context for amendments in reexamination proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse First Office Action Must Be Complete MPEP 2262 Recommended First Office Action Must Clearly Explain Rejections MPEP 2262 Required Examiner May Prepare Office Action Before or After Conference MPEP 2262 Permitted Explanation Required for Claim Scope Determination MPEP 2262 Examiner Must Explain Why Claim Is Clearly Patentable MPEP 2262 Recommended Examiner Must Set Up Panel Review Conference Before Issuing Office Action MPEP 2262 Title Change Not Permitted Without Amendment MPEP 2262 Permitted Claim Chart May Be Incorporated Into Office Action MPEP 2262 Permitted Examiner Must Address Patent Owner Responses MPEP 2262 Required Notification Required for Title Changes During Prosecution MPEP 2262 Recommended Other Related FAQs 5 FAQs Collapse How should an examiner handle claim charts in a reexamination Office action? How should an examiner handle dependent claims in ex parte reexamination? How should an examiner...