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An amendment in a reissue application is made either by physically incorporating the changes into the specification when the application is filed, or by a separate amendment paper. If amendment is made by incorporation, markings pursuant to paragraph (d) of this section must be used.
ing to the law, a substitute specification must be accompanied by a statement that it contains no new matter. It must also show what has been added and deleted since the original specification.
A canceled claim can be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number. The original numbering of the claims must be preserved throughout the prosecution.
If the amendment is favorably considered, it is entered and a Response to Rule 312 Communication (PTO-271) is prepared. The primary examiner indicates their recommendation by stamping and signing their name on the PTO-271, which will be forwarded to the supervisory patent examiner for consideration and approval.
Amendments to the specification, other than the claims, Large Tables ( 1.58(c)), a Computer Program Listing Appendix ( 1.96(c)(5) and (7)), a Sequence Listing ( 1.825), or a Sequence Listing XML ( 1.835), must be made by adding, deleting, or replacing a paragraph; by replacing a section; or by providing a
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For example, if a patent application was filed with an illegible specification, a substitute specification can be made to replace it. The new specification will contain the same information as the original, but it will be readable and clear. Another example is when a patent application is amended after filing.
An amendment after payment of issue fee is a change made to a patent application after it has been approved and the fee has been paid. This change is not guaranteed and must be accompanied by a petition explaining why it was not presented earlier.
Unfortunately, under United States patent law you can not amend the patent to include the new subject matter reflecting the improvement you made to the invention. You will have to file a new patent application for the improvement to the invention instead of filing an amendment to the patent.
Amendments in provisional applications are not normally made. If an amendment is made to a provisional application, however, it must comply with the provisions of 37 CFR 1.121. Any amendments to a provisional application will be placed in the provisional application file, but may not be entered.
1.312 Amendments after allowance. No amendment may be made as a matter of right in an application after the mailing of the notice of allowance.

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