If dependent claims are objected to for depending on rejected claims during an appeal, how are these claims treated?

When dependent claims are objected to for depending on rejected claims during an appeal, they are treated as rejected claims if the appeal is withdrawn. This is because dependent claims are intrinsically tied to the validity of their respective independent claims. If the independent claim is rejected and the appeal is ultimately withdrawn, the dependent claims lose their basis and are thus treated as rejected as well. Therefore, the status of the dependent claims hinges on the resolution of the independent claims.

In the context of patent examination and appeals, maintaining the integrity of the claims structure is paramount. If the independent claim has no basis for allowance due to its rejection, the dependent claims, which rely on that independent claim, also cannot stand. This reflects the principle that dependent claims cannot provide more patentable weight than their parent claims. Thus, if the appeal does not progress or is abandoned, all claims linked to the rejected parent claims are automatically invalidated.