What can a third party requester include in their reply during ex parte reexamination?
According to MPEP 2251, a third party requester’s reply in an ex parte reexamination can be quite comprehensive. The MPEP states:
“The reply need not be limited to the issues raised in the statement. The reply may include additional prior art patents and printed publications and may raise any issue appropriate for reexamination.”
This means that the requester can introduce new prior art and arguments beyond those initially presented or addressed in the patent owner’s statement, as long as they are relevant to the reexamination proceeding.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2251 - Reply By Third Party Requester,
Patent Law,
Patent Procedure