2660.03 Dependent Claims [R-07.2015]
If an unamended base patent claim (i.e., a claim appearing in the patent) has been rejected or canceled, any claim undergoing reexamination which is directly or indirectly dependent thereon should be indicated as patentable if it is otherwise patentable. The dependent claim should not be objected to nor rejected merely because it depends upon a rejected or canceled original patent claim. 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 dependent claim.
If a new base claim has been canceled in a reexamination proceeding, a claim which depends thereon should be rejected as indefinite. If an amended base patent claim or a new base claim is rejected, a claim dependent thereon should be objected to if it is otherwise patentable, and a requirement should be made for rewriting the dependent claim in independent form.