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   difference between"canceled" and "w
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   Author  Topic: difference between"canceled" and "w  (Read 1284 times)
wade
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Posts: 25
difference between"canceled" and "w
« on: Nov 25th, 2007, 2:18am »
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dear all,
in response to office action, we often need to amend the claims, sometimes we see (canceled) and (withdrawn) in advance of the claim. and what's the exact difference between them?
thanks
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pentazole
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Posts: 197
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Withdrawn is when you withdraw a claim following a restriction requirement.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as one invention and claims 11-20 as another, and you choose to prosecute claims 1-10, claims 11-20 will be labeled as (withdrawn).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  (Withdrawn) A method comprising...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  (Withdrawn) The method of claim 11, etc.
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DJoshEsq
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Posts: 104
Re: difference between"canceled" and &qu
« Reply #2 on: Nov 27th, 2007, 8:16pm »
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A withdrawn claim is still pending.  A cancelled claim is no longer pending.  
 
You may want to withdraw a claim if it is a species of an elected genus.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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