37 CFR 1.173 - Reissue specification, drawings, and amendments
| Cite as | 37 CFR 1.173 |
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24 practice notes
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Patent cases: Patent business goals; implementation,
...Creating a rocket docket for design applications (37 CFR 1.155); (16) Requiring identification of broadening in a reissue application (37 CFR 1.173); (17) Changing multiple reissue application treatment (37 CFR (18) Creating alternative review procedures for applications under appeal (37 CF......
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Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte
...in Bd.R. 41.37(c)(1)(iv) for a statement of the status of amendments. Compare 37 CFR 1.121 (requiring all claims ever presented), with 37 CFR 1.173 (reissues) and 37 CFR 1.530 (ex parte reexaminations) (requiring only claims being changed/added). As discussed in further detail below, the US......
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Hewlett-Packard Co. v. Bausch & Lomb, Inc., No. C-84-20642 RPA.
...the entire specification and claims of the original patent, with proposed deletions bracketed and proposed additions underlined, 37 CFR § 1.173. A patent examiner reexamines all claims included in the reissue application as if they were presented in an original application, 37 CFR § 1.176. ......
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Use of Reissue Proceedings in Hatch-Waxman Litigation
...Comm’r Pat., 195 U.S.P.Q. 136, 137 (D.D.C. 1976). 7. Ex parte Scudder, 169 U.S.P.Q. 814 (Bd. App. 1971). 8. 35 U.S.C. § 251; see also 37 C.F.R. § 1.173. 9. Medrad, Inc. v. Tyco Healthcare Grp. LP, 466 F.3d 1047, 80 U.S.P.Q.2d 1526 (Fed. Cir. 2006); Wilder, 736 F.2d 1516. 10. 37 C.F.R. § 1.6......
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20 cases
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Hewlett-Packard Co. v. Bausch & Lomb, Inc., No. C-84-20642 RPA.
...the entire specification and claims of the original patent, with proposed deletions bracketed and proposed additions underlined, 37 CFR § 1.173. A patent examiner reexamines all claims included in the reissue application as if they were presented in an original application, 37 CFR § 1.176. ......
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Bally Mfg. Corp. v. Diamond, No. 79-1840
...the entire specification and claims of the original patent, with proposed deletions bracketed and proposed additions underlined, 37 C.F.R. § 1.173. A patent examiner reexamines all claims included in the reissue application as if they were presented in an original application, 37 C.F.R. § 1......
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Ex parte King, Appeal 2021-002695
...and procedurally improper. A Reissue Application must contain the entire specification, including the claims of an Issued Patent. 37 C.F.R. § 1.173(a). The Reissue Application must include the entire text of each claim being changed and each claim being added. 37 C.F.R. § 1.173(b)(2). "Pate......
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Disney Enters., Inc. v. Rea, No. 1:12cv687 (LMB/TRJ).
...... it cannot be extended through the filing of a reissue.”). Although a reissue application may not include any “new matter,” 37 C.F.R. § 1.173; accord35 U.S.C. § 251(a), it is examined in the same manner as a newly submitted application and is generally subject to the same requirements. S......
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1 books & journal articles
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Use of Reissue Proceedings in Hatch-Waxman Litigation
...Comm’r Pat., 195 U.S.P.Q. 136, 137 (D.D.C. 1976). 7. Ex parte Scudder, 169 U.S.P.Q. 814 (Bd. App. 1971). 8. 35 U.S.C. § 251; see also 37 C.F.R. § 1.173. 9. Medrad, Inc. v. Tyco Healthcare Grp. LP, 466 F.3d 1047, 80 U.S.P.Q.2d 1526 (Fed. Cir. 2006); Wilder, 736 F.2d 1516. 10. 37 C.F.R. § 1.6......
1 forms
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Reissue Patent Application Transmittal-AIA/50
...Priority Mail Express® Label No. APPLICATION FOR REISSUE OF: Utility Patent (Check applicable box) Design Patent APPLICATION ELEMENTS (37 CFR 1.173) 11. Statement of status and support for all changes to the claims. See 37 CFR 1.173(c). Applicant certifies micro entity status. See 37 CFR 1.......