What is the effect of not pointing out patentable novelty in amended claims?

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When patent claims are amended, it is essential for applicants to clearly point out the patentable novelty in these revised claims. Not identifying patentable novelty can result in the claims being dismissed without consideration by the patent examiner. This is because the examiner needs to understand how the amended claims differ from the prior art and what makes them novel.

Without this clarification, the claims may not provide enough information to establish a basis for patentability, leading the examiner to conclude that the claims do not warrant further examination. Therefore, failing to highlight patentable features essentially denies the examiner the necessary context to evaluate the patent application effectively, resulting in a lack of consideration for those claims. This underscores the importance of articulating novelty in patent applications to ensure that they are adequately reviewed and assessed.

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