How should an examiner address drawings in an ex parte reexamination Office action?

When addressing drawings in an ex parte reexamination Office action, examiners must follow specific guidelines as outlined in MPEP 2262:

  • Objections to drawings are not permitted unless related to amendments made during reexamination.
  • If new drawings are filed with amendments, they may be objected to.
  • Drawings cannot be canceled in reexamination.

The MPEP states: “Drawings cannot be canceled in a reexamination proceeding since the office has no authority to physically remove them from the patented file.” This emphasizes the limited scope of drawing-related actions in reexamination proceedings.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2262 - Form And Content Of Office Action, Patent Law, Patent Procedure
Tags: ex parte reexamination, office action, USPTO Guidelines