What is the purpose of using both original and new claim numbers in an examiner’s amendment?

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 purpose of using both original and new claim numbers in an examiner’s amendment is to maintain clarity and traceability throughout the patent examination process. MPEP 1302.04(g) states:

“To identify a claim, an examiner’s amendment should refer to it by the original number and, if renumbered in the allowed application, also by the new number.”

This practice serves several important functions:

• It helps track the evolution of claims from their original submission to the final allowed form.
• It prevents confusion when referring to claims that may have been renumbered during the examination process.
• It provides a clear record for future reference, which is crucial for patent attorneys, examiners, and potential litigators.