Can examiners perform additional prior art searches during reexamination?
Yes, examiners can perform additional prior art searches during reexamination, but with certain limitations. MPEP 2244 states:
“If the examiner believes that additional prior art patents and publications can be readily obtained by searching to supply any deficiencies in the prior art cited in the request, the examiner can perform such an additional search. Such a search should be limited to that area most likely to contain the deficiency of the prior art previously considered and should be made only where there is a reasonable likelihood that prior art can be found to supply any deficiency necessary to ‘a substantial new question of patentability.'”
This guidance suggests that additional searches should be focused and conducted only when they are likely to yield relevant results for determining a substantial new question of patentability.
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