What is the process for handling dependent claims in an inter partes reexamination certificate?
What is the process for handling dependent claims in an inter partes reexamination certificate?
The handling of dependent claims in an inter partes reexamination certificate follows specific rules to ensure clarity and proper referencing. According to MPEP 2688:
“If a base claim is canceled, each claim which depends from that base claim must be re-written to include the limitations of the base claim unless the base claim has been replaced by a new claim. The new claim will be assigned the number of the original base claim.”
This means that when a base claim is cancelled, the USPTO requires dependent claims to be rewritten to incorporate the limitations of the cancelled base claim. This ensures that the dependent claims maintain their proper context and scope within the patent. If a new claim replaces the cancelled base claim, it will be assigned the same number as the original base claim to maintain consistency in claim numbering.
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