Can the scope of patent claims be enlarged during ex parte reexamination?
The scope of patent claims cannot be enlarged during ex parte reexamination. The MPEP clearly states: “35 U.S.C. 305 states that ‘no proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding….’” A claim is considered to enlarge the scope if it is broader…
Read MoreCan double patenting rejections be made in ex parte reexamination?
Can double patenting rejections be made in ex parte reexamination? Yes, double patenting rejections can be made in ex parte reexamination, but with specific conditions: Double patenting rejections are permitted if they are based on patents or printed publications. These rejections must raise a substantial new question of patentability. The MPEP 2258 states: “Double patenting…
Read MoreHow are claims interpreted in ex parte reexamination?
How are claims interpreted in ex parte reexamination? In ex parte reexamination, claims are interpreted using the broadest reasonable interpretation (BRI) standard: The MPEP 2258 states: “Claims in reexamination proceedings are to be given their broadest reasonable interpretation consistent with the specification.” This interpretation is applied in the same manner as in original examination. The…
Read MoreHow are claims construed in ex parte reexamination?
In ex parte reexamination, claims are given the broadest reasonable interpretation consistent with the specification. The MPEP states: “During reexamination ordered under 35 U.S.C. 304, and also during reexamination ordered under 35 U.S.C. 257, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the…
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