Can a third party requester petition to merge a reexamination proceeding with a reissue application?
A third party requester does not have the right to petition for the merger of a reexamination proceeding with a reissue application. The MPEP clearly states: The third party requester does not have a right to file a petition under 37 CFR 1.182 to merge a reexamination proceeding and a reissue application examination, since a…
Read MoreCan a third party requester petition to merge a reissue application and an inter partes reexamination proceeding?
No, a third party requester does not have the right to file a petition to merge a reissue application and an inter partes reexamination proceeding. The MPEP clearly states: “The third party requester does not have a right to file a petition under 37 CFR 1.182 to merge a reexamination proceeding and a reissue application…
Read MoreWhat happens to the right to petition if all linking claims are canceled after a final restriction?
The right to petition against a restriction requirement is preserved even if all linking claims are canceled after the restriction is made final. The MPEP Section 818.01(d) clearly states: “If restriction is made final following consideration of a traverse, the right to petition is preserved even if all linking claims are canceled.” This provision ensures…
Read MoreCan an applicant petition against a restriction requirement after an election without traverse?
Generally, an applicant cannot petition against a restriction requirement after an election without traverse. The MPEP 821.02 indicates: This form paragraph will show that applicant has not retained the right to petition from the requirement under 37 CFR 1.144. This means that by making an election without traverse, the applicant effectively waives their right to…
Read MoreHow does traversing a restriction requirement affect the examination process?
Traversing a restriction requirement can have several effects on the examination process: It preserves the applicant’s right to petition the restriction requirement. It requires the examiner to reconsider and respond to the traversal arguments. It may result in the withdrawal of the restriction requirement if the examiner finds the arguments persuasive. It can potentially lead…
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