Can a filing date be vacated after it has been assigned to an ex parte reexamination request?

Yes, a filing date can be vacated after it has been assigned to an ex parte reexamination request if non-compliance issues are discovered during the examiner’s review. The MPEP 2227 outlines this process: “If, in the process of reviewing the request, the examiner notes a non-compliance item not earlier recognized, the examiner will communicate with…

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