What documents are considered prior to examination in ex parte reexamination?
According to MPEP 2252, only specific documents are considered prior to examination in ex parte reexamination. The MPEP states: “No submissions other than the statement pursuant to § 1.530 and the reply by the ex parte reexamination requester pursuant to § 1.535 will be considered prior to examination.” This means that only the patent owner’s…
Read MoreWhat happens if documents are submitted both as evidence and on an IDS form?
When documents are submitted both as evidence in a reply to an Office action and listed on an Information Disclosure Statement (IDS) form, the examiner’s treatment may differ. The MPEP provides an example: “For example, if applicant submits and relies on three patents as evidence in reply to the first Office action and also lists…
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