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F. Re-Issue
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Can you seek
re-issue just to add a narrower claim? |
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F1.
Grounds for Reissue
B1.1:
Can you seek reissue just to add a narrower claim in order to hedge against
possible invalidity of original claims?
You can as of Re
Yasuhito Tanaka (Fed.
Cir. 2011) CAFC, 10-1262, Apr.2011.
BPAI said an assertion of inoperativeness or invaldity was required.
But CAFC reversed. Patentee can file a reissue appl. simply to add new
claims.
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B2.
Paragraph 1--
Support
B2.1: Is
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