Tuesday, September 30, 2008 10:28:15 AM
So long as amendments don't "broaden" the claims they are amending , they'd be okay as I read that.
And I suppose 'new claims', particularly those which haven't been part of other patents could be okay.
As I read this stuff it may be that old claims can be amended to move them away from any 'prior art' which caused them to be initially rejected in the reexam .... and that new claims can be added to the patent which is under reexam.
Any new claims , if allowed during the reexam process , could in fact serve to broaden the patent as a whole ... it's just the existing rejected claims which cannot be broadened.
Just a layman's interpretation and you're right , it's a bit confusing ... can't broaden a rejected claim , but can broaden what the patent covers as a whole? That doesn't quite make sense , which probably means it isn't correct lol.
And the big question would be .... after amending existing rejected claims and adding any new claims .... would any subsequent broadening put us in a good position with respect to what the EFF and others are so against ... or not?
jonesieStillNotAPatentAttorney
Yorkville / Cornell Tracking Board #board-9964
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