How are new issues raised by a third-party requester handled in reexamination?
When a third-party requester raises new issues in their reply during a reexamination proceeding, the examiner must determine whether these issues are within the scope of reexamination. MPEP 2253 provides guidance on this matter: “If the requester’s reply to the patent owner’s statement raises issues not previously presented, such issues will be treated by the…
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