for review only
posted on
Aug 15, 2012 11:33AM
from the manual of patent examining procedure:
http://www.uspto.gov/web/offices/pac/mpep/mpep_e8r7_2200.pdf
2260.01 Dependent Claims [R-2]
If ** >an unamended base patent claim (i.e., a
claim appearing in the reexamination as it appears in
the patent)< has been rejected or canceled, any claim
which is directly or indirectly dependent thereon
should be confirmed or allowed if the dependent
claim is otherwise allowable. The dependent claim
should not be objected to or rejected merely because it
depends on a rejected or canceled patent claim. No
requirement should be made for rewriting the dependent claim in independent form. As the original patent
claim numbers are not changed in a reexamination
proceeding, the content of the canceled base claim
would remain in the printed patent and would be
available to be read as a part of the confirmed or
allowed dependent claim.
If a new base claim (a base claim other than a base
claim appearing in the patent) has been canceled in a
reexamination proceeding, a claim which depends
thereon should be rejected as *>indefinite<. If a new
base claim >or an amended patent claim< is rejected,
a claim dependent thereon should be objected to if it
is otherwise patentable and a requirement made for
rewriting the dependent claim in independent form