Patent Bar MPEP Q & A Podcast

MPEP Q & A 140: Status Identifiers Expected to Follow the Claim Number in an Amendment to the Claims


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Question:
List two status identifiers that are expected to follow the claim number in an amendment to the claims.
Answer:
Status is indicated in a parenthetical expression following the claim number by one of the following status identifiers: (original), (currently amended), (previously presented), (canceled), (withdrawn), (new), or (not entered). The status identifier (withdrawn – currently amended) is also acceptable for a withdrawn claim that is being currently amended.
Chapter Details:
The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of applications.
The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 714 of the MPEP.  The following is a brief summary of section 714.
714 Amendments, Applicant’s Action
This section covers amendments and the applicant’s action including when an applicant may amend and the manner of making amendments under 37 C.F.R. 1.121. There are many rules governing amendments that are discussed in 37 C.F.R. 1.121 and this section. These consist of amendments to the specification and amendments to the claims including status identifiers, markings to show the changes, claim text, claim numbering, and acceptable alternative status identifiers. In addition, amendments in reexamination proceedings and reissue applications are also discussed.
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Patent Bar MPEP Q & A PodcastBy Lisa Parmley, USPTO Patent Practitioner #51006

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