Tuesday, June 16, 2009 12:05:50 PM
It seems obvious to me that it clearly says that six claims have been cancelled and a number of others have been amended. Then the certiciate sets forth only the claims that have been amended and, by using brackets and italics, shows how they have been amended. It also sets forth the claims that are dependent on an amended claim.
There is no need for the certificate to reiterate claims that have been cancelled or those that are neither amended nor dependent on an amended claim.
Pretty simple.
Edited:
Dividing the claims into four "classes" may help:
1. Cancelled claims (these are not set forth in the reexam certificate)
2. Amended claims (these are set forth in the reexam certificate)
3. Claims that are dependent on an amended claim (these are set forth in the reexam certificate)
4. Claims that have not been canceled or amended, and are not dependent on a claim that has been amended (these are not set forth in the reexam certificate but are still part of the patent).
Any legal analysis I post is not a formal legal opinion and may not be relied on by anyone for any purpose. If you want legal advice you can rely on, hire a lawyer.
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