pentazole
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Posts: 197
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Re: difference between"canceled" and &qu
« Reply #1 on: Nov 25th, 2007, 4:51pm » |
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(canceled) is when you cancel a claim. So let's say you canceled claim 3. in the amendment where you cancel it, and in subsequent amendments, when you list your claims, you list claim 3 as follows: 3. (Canceled) When you cancel a claim, you do not need to list the text of the claim from now on. Withdrawn is when you withdraw a claim following a restriction requirement. So if you have 20 claims, but are given a restriction requirment for claims 1-10 as one invention and claims 11-20 as another, and you choose to prosecute claims 1-10, claims 11-20 will be labeled as (withdrawn). However, in this case, you will liste the text of the claims as follows: 11. (Withdrawn) A method comprising... 12. (Withdrawn) The method of claim 11, etc.
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