What is the significance of the In re Construction Equipment Company case for reexamination proceedings?
The case of In re Construction Equipment Company, 665 F.3d 1254, 100 USPQ2d 1922 (Fed. Cir. 2011) is significant for reexamination proceedings as it reinforces the principle that neither claim preclusion (res judicata) nor issue preclusion (collateral estoppel) typically bar reexamination. According to MPEP § 2659: “See also In re Construction Equipment Company, 665 F.3d…
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