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You have asked about patents. However, your use of status identifiers (like "previously presented") implies you actually mean to ask about applications. For applications, this is permitted (and in fact near unavoidable in certain cases). MPEP ยง 714 provides: The original numbering of the claims must be preserved throughout the prosecution. Thus if an ...


3

You can't infringe a dependent claim without also infringing the independent claim (at least I haven't seen any case where it happened, since dependent claims are subsets of the independent claim). You can infringe an independent claim without infringing a dependant claim. So using your example (and changing "a device as claimed in claim 1" to "the device ...


3

Provided the dependency is clear, it is permissible for a dependent claim in an application to dependent on a subsequent claim during examination. In such cases, claims are to be renumbered by Examiner's amendment upon allowance. MPEP 608.01(n)(F) explicitly states so: "Pursuant to 35 U.S.C. 112 and 37 CFR 1.75(c), a claim in dependent form must refer only ...


1

A dependent claim references either an independent claim or a previous dependent claim. Note, in the U.S. multiply dependent claims ""as claimed in any one of the preceding claims" or "as claimed in either one of claims 1 or 2, etc." is strongly discouraged. The opposite is true in the EPO and many other places. A dependent claim inherits all of the ...


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