What types of prior art can be considered in ex parte reexamination?
In ex parte reexaminations ordered under 35 U.S.C. 304, the types of prior art that can be considered are limited. According to MPEP 2209:
“In ex parte reexaminations ordered under 35 U.S.C. 304, prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103. Patents may also be applied in a double patenting rejection as discussed in MPEP § 2258 subsection I.D.“
However, it’s important to note that this limitation does not apply to ex parte reexaminations ordered under 35 U.S.C. 257 (supplemental examination), where the prior art considered is not limited to patents and printed publications.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2209 - Ex Parte Reexamination,
Patent Law,
Patent Procedure