How does filing an RCE affect a merged reissue application and reexamination proceeding?
Filing a Request for Continued Examination (RCE) in a reissue application that has been merged with a reexamination proceeding does not automatically dissolve the merger. According to MPEP 1452:
“Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because the reissue application does not become abandoned.”
However, the Office retains the discretion to dissolve the merger based on individual circumstances, particularly to promote the statutory requirement for special dispatch in reexamination. Applicants should refer to the specific merger decision for guidance in their case.
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