How are checklists completed in a Reexamination of a Reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. In a Reexamination of a Reexamination, both the examiner and the CRU support staff complete checklists to ensure proper processing. MPEP 2295 states: “The examiner will complete a checklist, Form PTO-1516, and the CRU support staff will complete the reexamination clerk checklist Form PTO-1517.” When completing these checklists, it’s important to remember that “the ‘patent’ is the original patent as modified by the reexamination certificate.” This means that claims canceled by a prior reexamination certificate should be listed as previously canceled, and claims amended only by the prior certificate should not be listed as determined to be patentable as amended in the current reexamination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner and CRU Support Staff Must Complete Checklists for Reexamination MPEP 2295 Claims Amended Only by Prior Certificate Not Listed MPEP 2295 Recommended Patent Is Original As Modified By Reexamination Certificate MPEP 2295 Recommended Claims Previously Cancelled Must Be Listed MPEP 2295 Recommended Claims Must Reflect Reexamination Certificate MPEP 2295 Second Request Based on Issued Reexamination Certificate MPEP 2295 First Reexamination Certificate Allowed Before Second Request Decision MPEP 2295 Required Amendments Must Reflect Original Patent Text MPEP 2295 Required Reexamination Certificate Preparation After NIRC MPEP 2295 Permitted Reexamination Certificate Must Be Recorded MPEP 2295 Required Other Related FAQs 5 FAQs Collapse What is the role of the Central Reexamination Unit (CRU) in a Reexamination of a Reexamination? How are claims considered in a Reexamination of a Reexamination? What happens if a reexamination cer...