Why can’t I reuse the original claim number when reinstating a canceled claim?
When reinstating a canceled claim in a patent application, you cannot reuse the original claim number. This requirement is specified in MPEP 608.01(s):
“A claim canceled by amendment (deleted in its entirety) may be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number.”
This rule serves several important purposes:
- It maintains clarity in the prosecution history.
- It prevents confusion about the status and version of claims.
- It ensures that examiners and other parties can easily track changes in the application.
- It avoids potential issues with claim dependencies and numbering consistency.
By requiring a new claim number, the USPTO ensures that each version of a claim is distinct and traceable throughout the examination process.
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