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Can the USPTO examine claims not specifically requested for reexamination?

By russ.krajec@blueironip.com | September 30, 2024

Yes, the USPTO can examine claims not specifically requested for reexamination, but it’s at their discretion. MPEP 2643 states: “The decision to reexamine any claim for which reexamination has not been requested lies within the sole discretion of the Office, to be exercised based on the individual facts and situation of each individual case.” However,…

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