Who makes the decision to merge or stay concurrent reissue and reexamination proceedings?
The decision to merge a reissue application examination and an inter partes reexamination proceeding, or to stay one of them, is made by the Office of Patent Legal Administration (OPLA). As stated in the MPEP: “The decision as to whether the reissue application examination and the reexamination proceeding are to be merged, or which of…
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