How does the USPTO handle amendments or new claims in copending reexamination or reissue proceedings?

When deciding a request for reexamination, the USPTO does not consider or comment on amendments and/or new claims presented in any copending reexamination or reissue proceeding for the patent under consideration. As stated in MPEP 2243:

Amendments and/or new claims presented in any copending reexamination or reissue proceeding for the patent to be reexamined will not (see MPEP § 2240, subsection II.) be considered nor commented upon when deciding a request for reexamination.

This approach ensures that the reexamination decision is based solely on the claims of the patent in effect at the time of the determination, as required by 35 U.S.C. 302.

To learn more:

• ex parte reexamination
• copending proceedings
• amendments
• new claims