What happens if a requester fails to apply cited prior art to all claims in a reexamination request?
If a requester fails to apply cited prior art to all claims in a reexamination request, those claims not addressed may not be reexamined. The MPEP 2243 states: If the requester fails to apply the art to certain claims, then the requester is not statutorily entitled to reexamination of such claims. If a request fails…
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