What must be done to claims that are deemed the same in another application during a double-patenting rejection?

When an examiner determines that certain claims in a patent application are identical to claims in another application, this is typically under the context of double patenting rejection. Double patenting occurs when a patent applicant tries to obtain two patents for the same invention. In such cases, the appropriate action is to cancel the specific claims in question that are deemed to be the same as those in the other application.

By canceling those claims, the applicant can avoid the double patenting scenario, allowing the patent prosecution process to continue without overlap between the claims of the two applications. This action also helps ensure that a patent can be issued without infringing on the rights granted by the earlier application. Therefore, the process of canceling the claims forms a necessary step to ensure compliance with patent law and to facilitate the progression of the application toward granting.