What should an examiner do if they find claims patentable in a reexamination?
If an examiner finds claims patentable during a reexamination, they should follow the guidance provided in MPEP 2262: “If the examiner concludes in any Office action that one or more of the claims are patentable over the cited patents or printed publications, the examiner should indicate why the claim(s) is/are clearly patentable in a manner…
Read MoreWhat is the examiner’s role in patent interference proceedings?
The examiner’s role in patent interference proceedings is primarily to verify that the formal requirements for suggesting an interference are met, rather than to agree or disagree with the suggestion itself. According to MPEP 2304.02(b): “The examiner need not agree with the applicant’s suggestion. The examiner’s role is to confirm that there are otherwise patentable…
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