U.S. Patent Act

..Part III. Patents and Protection of Patent Rights

....Chapt. 30. Prior Art Citations

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Sect.307. Certificate of patentability, unpatentability, and claim cancellation

(a) In a reexamination proceeding under this chapter [35 USCS Sects. 301 et seq.], when the time for appeal has expired or any appeal proceeding has terminated, the Commissioner will issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent any proposed amended or new claim determined to be patentable.

(b) Any proposed amended or new claim determined to be patentable and incorporated into a patent following a reexamination proceeding will have the same effect as that specified in section 252 of this title [35 USCS Sect. 252] for reissued patents on the right of any person who made, purchased, or used anything patented by such proposed amended or new claim, or who made substantial preparation for the same, prior to issuance of a certificate under the provisions of subsection (a) of this section.

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