MPEP 2260.01
Dependent Claims

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2260.01    Dependent Claims [R-07.2015]

If an unamended base patent claim (i.e., a claim appearing in the reexamination as it appears in the patent) has been rejected, canceled, or is no longer subject to reexamination due to adjudication in court, any claim undergoing reexamination which is directly or indirectly dependent thereon should be confirmed or allowed if the dependent claim is otherwise allowable. The dependent claim should not be objected to or rejected merely because it depends on a rejected or canceled patent claim or a claim no longer subject to reexamination. No requirement should be made for rewriting the dependent claim in independent form. As the original patent claim numbers are not changed in a reexamination proceeding, the content of the canceled base claim would remain in the printed patent and would be available to be read as a part of the confirmed or allowed dependent claim.

If a new base claim (a base claim other than a base claim appearing in the patent) has been canceled in a reexamination proceeding, a claim which depends thereon should be rejected as indefinite. If a new base claim or an amended patent claim is rejected, a claim dependent thereon should be objected to if it is otherwise patentable and a requirement made for rewriting the dependent claim in independent form.