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   Notice to Filing MP + Preliminary Amendment
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   Author  Topic: Notice to Filing MP + Preliminary Amendment  (Read 1359 times)
Jonathan
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Posts: 611
Re: Notice to Filing MP + Preliminary Amendment
« Reply #5 on: Sep 6th, 2006, 11:14am »
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If active examination of an application has started, the Office won't give refunds if claims are canceled. However, one won't be charged if a claim is canceled and another claim of the same type (I or D) is introduced.
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Isaac
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Re: Notice to Filing MP + Preliminary Amendment
« Reply #6 on: Sep 6th, 2006, 12:45pm »
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on Sep 6th, 2006, 10:09am, TataBoxInhibitor wrote:
I am guessing the examiner is wrong. I have found a few sections in the MPEP that state was I said previously. I guess the other question is, if you received a notice to file missing parts, and already paid your fees, do you get a refund if you file a preliminary amendment, canceling claims.

 
I was perusing 37 CFR 1.53(f)(3) yesterday.  The literal words of the rule say that if excess fees are not paid, the claims must be canceled.  It does not seem to say that you can cancel some claims  and pay the excess claim fee for the others.  I have no idea if this is how the PTO actually interprets the rule.
 
Text below...
 
(3) If the excess claims fees required by 1.16(h) and (i) and multiple dependent claim fee required by 1.16(j) are not paid on filing or on later presentation of the claims for which the excess claims or multiple dependent claim fees are due, the fees required by 1.16(h), (i) and (j) must be paid or the claims canceled by amendment prior to the expiration of the time period set for reply by the Office in any notice of fee deficiency. If the application size fee required by 1.16(s) (if any) is not paid on filing or on later presentation of the amendment necessitating a fee or additional fee under 1.16(s), the fee required by 1.16(s) must be paid prior to the expiration of the time period set for reply by the Office in any notice of fee deficiency in order to avoid abandonment.
 
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Isaac
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