Can you petition a partial grant of a reexamination request?
Yes, you can petition a partial grant of a reexamination request. MPEP 2248 explains:
“If an order granting reexamination includes a determination that the third party requester has not raised a substantial new question of patentability (SNQ) for one claim, but has raised a SNQ for at least one other claim, then third party requester may (within one month of the mailing date of the order) file a petition under 37 CFR 1.515(c) for reconsideration of the determination as to the claim for which no SNQ has been found to be raised.”
Similarly, a petition can be filed if the determination grants the request for some reasons (SNQs) but not for others. This allows requesters to challenge partial denials within a granted reexamination order.
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