How is prior art considered in inter partes reexamination?

In inter partes reexamination, the consideration of prior art is limited to specific types of documents. According to MPEP 2609:

Prior art considered during reexamination is limited to prior patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103;

This means that only patents and printed publications can be used as prior art in the reexamination process. Other forms of prior art, such as public use or sale, are not considered. The prior art must be applied under the relevant sections of 35 U.S.C. 102 (novelty) and 35 U.S.C. 103 (non-obviousness) to challenge the validity of the patent claims under review.

To learn more:

• inter partes reexamination
• prior art
• USPTO
• patent examination