How does 35 U.S.C. 312(a) affect the determination in inter partes reexamination?
35 U.S.C. 312(a) provides flexibility in the determination process for inter partes reexamination. According to MPEP 2644: “35 U.S.C. 312(a) provides that the determination on a request will be made ‘with or without consideration of other patents or printed publications,’ i.e., other than those relied upon in the request.” This means that the examiner has…
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