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(c) Claims. -
(3) A clean version of the entire set of pending claims may be submitted in a single amendment paper. Such a submission shall be construed as directing the cancellation of all previous versions of any pending claims. A marked up version is required only for claims being changed by the current amendment (see paragraph (c)(1)(ii) of this section). Any claim not accompanied by a marked up version will constitute an assertion that it has not been changed relative to the immediate prior version.
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37 CFR 1.121(c)(3) provides for the optional submission of a clean version (with no markings) of all of the pending claims in one amendment paper. Applicants have the opportunity to consolidate all previous versions of pending claims from a series of separate amendment papers into a single clean version in a single amendment paper. Providing this consolidation of claims in the file will be beneficial to both the Office and the applicant for patent printing purposes. When submitting a rewritten claim in the clean set, the parenthetical expression identifying the particular version, if any, from the claim to be rewritten should not be rewritten in the clean set. The claims, if merely rewritten in clean form, should retain the same claim number they had in the earlier version, and be submitted in proper numerical order, except for any canceled claims which would not appear in the rewritten amendment.
The submission of a clean version of all the pending claims shall be construed as directing the cancellation of all previous versions of any pending claims. A marked-up version would only be needed for claims being changed by the current amendment (see 37 CFR 1.121(c)(1)(ii)). Any claim not accompanied by a marked-up version will constitute an assertion that it has not been modified relative to the immediate prior version. Thus, if applicant is not making any amendments to the claims, but is merely presenting all pending claims in clean form, without any underlining or bracketing, a marked-up version should not be provided.
The examiner has no responsibility or burden to ensure the accuracy of applicant's claim rewriting. See "Changes to Implement the Patent Business Goals" Final Rule, 65 F.R. 54604, 54639 (Sept. 8, 2000).
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