What is the basis for determining a “substantial new question of patentability” in ex parte reexamination?
The determination of a “substantial new question of patentability” under 35 U.S.C. 303(a) can be based on any prior art patents or printed publications. The MPEP states: “The determination under 35 U.S.C. 303(a) whether or not ‘a substantial new question of patentability’ is present can be based upon any prior art patents or printed publications.”…
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