How does the examiner consider the patent owner’s statement in ex parte reexamination?

The examiner carefully considers the patent owner’s statement in ex parte reexamination as part of the overall examination process. According to MPEP 2252:

“The examiner must consider all of the patent owner’s arguments in the statement, regardless of whether or not an amendment is made to any claim.”

This means that the examiner will:

• Review all arguments presented by the patent owner
• Evaluate any proposed claim amendments
• Consider any new claims submitted
• Assess the patentability of the claims in light of the patent owner’s statement and the cited prior art

The examiner’s consideration of the statement helps ensure a fair and thorough reexamination process, taking into account both the requester’s arguments and the patent owner’s response.

To learn more:

• ex parte reexamination
• patent owner statement
• examiner consideration