Can a patentability decision favoring the patentee be reviewed in ex parte reexamination?
No, a patentability decision favoring the patentee cannot be reviewed in ex parte reexamination. The MPEP 2273 clearly states: “The reexamination statute does not provide for review of a patentability decision favoring the patentee.” This principle is supported by case law, specifically “Greenwood v. Seiko Instruments, 8 USPQ2d 1455 (D.D.C. 1988).” This limitation is an…
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