MPEP § fp14.12

Rejection, 35 U.S.C. 251, Broadened Claims After Two Years

Published Oct 1, 2019United States Patent and Trademark Office

Claim [1] rejected under 35 U.S.C. 251 as being broadened in a reissue application filed outside the two year statutory period. [2] A claim is broader in scope than the original claims if it contains within its scope any conceivable product or process which would not have infringed the original patent. A claim is broadened if it is broader in any one respect even though it may be narrower in other respects.

Examiner Note:

The claim limitations that broaden the scope should be identified and explained in bracket 2. See MPEP § 1412.03.

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