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

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When amended claims in a patent application do not clearly point out the patentable novelty, they are likely to be dismissed without consideration. This is because the U.S. Patent Office requires that claims must delineate distinct and non-obvious advancements over the prior art to be deemed patentable. If the amendments do not clarify how the new claims differ from existing patents or publications, the examiner cannot evaluate the novelty or non-obviousness effectively.

In practice, when claims are submitted without these critical distinctions, they lack the necessary foundation to support an application, leading to potential dismissal. Patent examiners focus on ensuring that the claims meet legal standards for patentability, which include specific requirements for clarity and novelty. Therefore, an application that fails to articulate these points is unlikely to proceed through examination favorably.

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