Should an examiner conduct a new search after a complete reversal by the PTAB?
No, an examiner should not conduct a new search after a complete reversal by the Patent Trial and Appeal Board (PTAB). The MPEP explicitly states: “The examiner should never regard such a reversal as a challenge to make a new search to uncover other and better references.” This guidance is particularly important when the application…
Read MoreWhat should an examiner do if they know of references that could lead to rejection after a PTAB reversal?
If an examiner has specific knowledge of references that could lead to rejection of claims after a Patent Trial and Appeal Board (PTAB) reversal, they should not immediately reject the claims. Instead, the MPEP outlines a specific procedure: “If the examiner has specific knowledge of the existence of a particular reference or references which indicate…
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