NetList Inc (NLST): In several previous decisions the Intell...

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Saturday, 01/08/2022 6:16:26 PM

Saturday, January 08, 2022 6:16:26 PM

In several previous decisions the Intellectual Property Court has ruled that, where an independent claim has been deleted and its dependent claim is changed to an independent claim, such amendment is permitted since it is made only to the form of a claim and does not substantially change the scope of the patent. For example, in Case 2010-HCS-68 the IP court held that changing an existing dependent claim to an independent clam did not change the scope of the patent, and thus allowed the amendment.

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