回復刪掉的內容

筆記

回復刪掉的內容 - MPEP 608.01(s)

說明書--
有必要時，雖然不太了解為何（錯誤，或是不想公開內容等吧！），刪掉部分說明書內容，刪掉的部分可以在日後修正以"新增"的方式加回說明書（可能是反悔刪除，有助於專利範圍獲准等的考量吧！）。

依照37 CFR 1.121(b)(4)，表示不同於請求項刪除又回復要以新增方式加入的方式，說明書畢竟要顧及前後文順暢與描述的邏輯，所以刪除的部分就用編修、取代段落等修正的方式加入。

請求項--
刪除請求項就常見了，這些刪除的範圍，在公告獲准前，尚不能稱為拋棄（surrender）的範圍，仍可以以"新增"的方式加入請求項範圍，不是"恢復"過去的"canceled claim"，而是以新的編號的"new claim"表示。

法條參考：

MPEP 608.01(s)   Restoration of Canceled Matter

Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion. 37 CFR 1.121(b)(4). A claim canceled by amendment (deleted in its entirety) may be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number. 37 CFR 1.121(c)(5). See MPEP § 714.

37 CFR 1.121(b)(4)
(b) Specification. Amendments to the specification, other than the claims, computer listings (§ 1.96) and sequence listings (§ 1.825), must be made by adding, deleting or replacing a paragraph, by replacing a section, or by a substitute specification, in the manner specified in this section.
(4) Reinstatement of previously deleted paragraph or section. A previously deleted paragraph or section may be reinstated only by a subsequent amendment adding the previously deleted paragraph or section.

37 CFR 1.121(c)(5)
(c) Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
(5) Reinstatement of previously canceled claim. A claim which was previously canceled may be reinstated only by adding the claim as a “new” claim with a new claim number.

Ron