What options are available if only a portion of submitted information is found to be material to patentability?
When only a portion of submitted information is found to be material to patentability in a reexamination, there are options available to protect non-material information. According to MPEP § 724.04(c):
“If a portion of the submitted information is found not to be material to patentability, and a portion is found to be material to patentability, the petition to expunge will be dismissed, and patent owner (or the requester, in limited instances where appropriate) provided with an opportunity to separate the material and non-material information, such that the non-material information can be expunged.”
This means that the patent owner or requester may be able to separate the material and non-material information, allowing for the expungement of the non-material portion while retaining the material information in the public record.
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