How does 37 CFR 1.104 apply to reexamination proceedings?
37 CFR 1.104, which outlines the nature of examination, applies to reexamination proceedings in the same way it applies to the examination of patent applications. As stated in MPEP 2260: “As is true in the examination of applications, 37 CFR 1.104 (Nature of examination) applies to the examination of reexamination proceedings.” This means that the…
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