Yes, the USPTO retains the authority to independently re-open prosecution of a pending application, despite the limitations on third-party submissions. This authority is not affected by the provisions of 35 U.S.C. 122(c) and (e). The MPEP clarifies: “The provisions of 35 U.S.C. 122(c) and (e) limit a third party’s ability to protest, oppose the grant…

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