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Species election and Amendment after final
Posted by Anonymous . updated on 2/26/2009
Hi,
I am filing a response to an amendment after final. Typcally in these cases, I cancel all withdrawn claims.
In this case, my withdrawn claims were withdrawn due to a species election.
Shouldn't I leave the claims in and not cancel in hopes of getting the broad claim? Or does that make a new search for the Examiner necessary (making an RCE for me necessary?).
Thanks for the thoughts!!!
Sam
Answers (1)
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patent_...
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Do you have a generic claim covering the withdrawn species? ?If so, leave the withdrawn claims as withdrawn and ask for rejoinder of the withdrawn species claims upon allowance of the generic claim. ?
If there is no generic claim, then you're never gonna get the withdrawn species claims allowed with the other species in your present claims, so you may as well cancel them. ?If the response after final is not entered, then the species claims aren't really canceled anyway.
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