How are ex parte reexamination proceedings conducted?

Ex parte reexamination proceedings are conducted according to 35 U.S.C. 305, which states: “reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.” This means that the examination process follows similar procedures to the initial patent examination. Additionally, the MPEP states that “The examination will…

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What are the examination procedures for biological material deposits in patent applications?

The examination procedures for biological material deposits in patent applications are outlined in 37 CFR 1.809. These procedures establish the process by which examiners address deposit issues during patent examination. The key points are: The USPTO initially bears the burden of establishing that access to a biological material is necessary for meeting the statutory requirements…

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Why is MPEP § 903.07 referenced in the section about classification changes for cases in issue?

MPEP § 903.07 is referenced in MPEP § 1307 because it provides detailed guidance on handling classification changes during the examination process, which remains relevant even after a case has been allowed. The reference states: “See MPEP § 903.07.” This cross-reference indicates that the procedures for managing classification changes in allowed cases are consistent with…

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