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   Can anyone provide the distinction here?
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   Author  Topic: Can anyone provide the distinction here?  (Read 1548 times)
anotherattorney
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Can anyone provide the distinction here?
« on: Jul 25th, 2007, 10:14am »
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What is the difference in how claims are processed in using the status identifiers "cancelled" or "withdrawn?"  I have read that if you cancel claims you need to file a certain type of application to bring them back, however, with withdrawn claims, a divisional is possible.
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pentazole
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Re: Can anyone provide the distinction here?
« Reply #1 on: Jul 25th, 2007, 10:24am »
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a "withdrawn" claim is a claim that was taken out of consideration due to a restriction requirement.  A "withdrawn" claim is not canceled, and can be brought back into consideration via rejoinder.  More often, however, withdrawn claims are canceled and are claimed in a continuing application (divisional, continuation).  
 
When a claim is withdrawn, you recite the claim in your response/amendment as you would a regular claim, but you label it (withdrawn).  If you amend a main claim, it is generally a good idea to amend a withdrawn claim in a similar fashion if you plan on a rejoinder, make sure to label the amended withdrawn as (withdrawn-currently amended).  If you choose to cancel the withdrawn claims, then you no longer need to recite the claim in your amendment, only a (canceled) next to the claim number.  Failure to do the foregoing will result in a non-compliant.  
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TataBoxInhibitor
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Re: Can anyone provide the distinction here?
« Reply #2 on: Jul 25th, 2007, 10:43am »
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Correct, however, cancelled and withdrawn claims should be indicated by only the
claim number and status. The text of cancelled or withdrawn claims
should not be presented.  
 
Regards,
 
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Isaac
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Re: Can anyone provide the distinction here?
« Reply #3 on: Jul 25th, 2007, 11:14am »
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The text of withdrawn claims should remain in the application.
 
 
« Last Edit: Jul 25th, 2007, 11:15am by Isaac » IP Logged

Isaac
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Re: Can anyone provide the distinction here?
« Reply #4 on: Jul 25th, 2007, 11:49am »
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on Jul 25th, 2007, 11:14am, Isaac wrote:

The text of withdrawn claims should remain in the application.
 
 

 
 
Is this new?  Because in 2004 that was not the case.  
 
regards,
 
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