What are the limitations on new rejections in ex parte reexamination?
What are the limitations on new rejections in ex parte reexamination? In ex parte reexamination, there are specific limitations on introducing new rejections: Pre-AIA 35 U.S.C. 303(a) and 37 CFR 1.906(c) restrict new rejections to those based on patents or printed publications. New rejections cannot be based on issues like 35 U.S.C. 112 or public…
Read MoreCan an examiner make a new rejection after a common ownership statement disqualifies prior art?
Can an examiner make a new rejection after a common ownership statement disqualifies prior art? Yes, an examiner can make a new rejection even after a common ownership statement disqualifies previously cited prior art. The MPEP 717.02(c) provides guidance on this situation: “If the rejection is obviated and the claims are otherwise allowable, the examiner…
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