How are Board decisions treated in ex parte reexamination proceedings?
Board decisions in ex parte reexamination proceedings are treated similarly to those in regular patent applications. MPEP § 2277 specifies that:
“MPEP § 1213 through § 1213.03 relate to decisions of the Board for both applications and ex parte reexamination proceedings.”
This means that the procedures and guidelines outlined in these MPEP sections apply equally to ex parte reexaminations. The Board’s decision in a reexamination can affirm, reverse, or modify the examiner’s decision, potentially leading to the confirmation, cancellation, or amendment of patent claims.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2277 - Board Decision,
Patent Law,
Patent Procedure