Ex parte reexamination claim amendment

2019-11-12 07:00

If a dependent claim is rewritten as an independent claim in a reexamination proceeding, that independent claim cannot be examined as to 35 U. S. C. 112, unless the nature of the rewriting raises a new question (e. g. , by newly providing a lack of claim antecedent for a term in the claim). However, a specific determination regarding whether the claimed invention (including original patent claims) isIn patentownerfiled ex parte reexaminations, the patent owner may amend at the time of the request for ex parte reexamination in accordance with 37 CFR 1. 510(e). In any ex parte reexamination proceeding, no amendment or response can be filed between the date of the request for ex parte reexamination and the order for ex parte reexamination. ex parte reexamination claim amendment

A proposed amendment in an ex parte or an inter partes reexamination proceeding is made by filing a paper directing that proposed specified changes be made to the patent specification, including the claims, or to the drawings.

(d) Making amendments in a reexamination proceeding. A proposed amendment in an ex parte or an inter partes reexamination proceeding is made by filing a paper directing that proposed specified changes be made to the patent specification, including the claims, or to the drawings. Sep 13, 2017 The PTO eventually issued a reexamination certificate for the amended claims. In light of the amendments granted in reexamination, the PTAB found that the original instituted claims no longer existed, and that any decision regarding the original instituted claims would be moot and purely advisory.ex parte reexamination claim amendment The reexamination statute, 35 U. S. C. 302, and rules permit any person to file a request for an ex parte reexamination containing certain elements and the fee required under 37 CFR 1. 20(c)(1). The Office initially determines if a substantial new question of patentability ( 35 U. S. C. 303(a) ) is presented.

Ex parte reexamination claim amendment free

Where an examiners amendment is prepared, Box 7 of form PTOL469 (Notice of Intent to Issue Ex Parte Reexamination Certificate) is checked, and form paragraph 22. 06 is ex parte reexamination claim amendment If a dependent claim is rewritten as an independent claim in a reexamination proceeding, that independent claim cannot be examined as to 35 U. S. C. 112, unless the nature of the rewriting raises a new question (e. g. , by newly providing a lack of claim antecedent for a term in the claim). However, a specific determination regarding whether the claimed invention (including original patent claims) is Upon conclusion of the ex parte reexamination proceeding, the examiner must prepare a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) by completing form PTOL469. If appropriate, an examiners amendment will also be prepared. Where claims are found patentable, reasons must be given for each claim found patentable. A proposed amendment in an ex parte or an inter partes reexamination proceeding is made by filing a paper directing that proposed specified changes be made to the patent specification, including the claims, or to the drawings.

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