Can the original examiner be assigned to a reexamination proceeding?

Generally, the original examiner is not assigned to a reexamination proceeding. The MPEP states, It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application.

However, there are exceptions to this rule:

• When the original examiner is the only one with adequate knowledge of the relevant technology.
• In ongoing reexaminations, where the same examiner may be assigned to a new reexamination of the same patent.

If the original examiner must be assigned, the assignment must be approved by the CRU Director, and the fact that such approval was given by the CRU Director must be stated (by the examiner) in the decision on the request for reexamination.

To learn more:

• reexamination
• original examiner
• CRU
• SPRS
• examiner assignment policy