How are claims considered in a Reexamination of a Reexamination?
In a Reexamination of a Reexamination, the claims are considered based on the modifications made by the previous reexamination certificate. MPEP 2295 states: “The reexamination request is to be considered based on the claims in the patent as modified by the previously issued reexamination certificate, and not based on the original claims of the patent.” This ensures that the new reexamination is conducted on the most up-to-date version of the patent claims.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2295 - Reexamination Of A Reexamination,
Patent Law,
Patent Procedure