How does an examiner’s withdrawal of a rejection affect third party requester rights in inter partes reexamination?

When an examiner withdraws a ground of rejection in inter partes reexamination, it can affect the third party requester’s rights in several ways, depending on the circumstances: Examiner-initiated rejection: If the examiner withdraws a rejection they originally initiated, the third party requester may propose the withdrawn rejection in their next set of comments. If the…

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