What are the grounds for vacating an ex parte reexamination order?
An ex parte reexamination order may be vacated under rare and specific circumstances. According to MPEP 2246, “appropriate circumstances” for vacating an order under 37 CFR 1.181(a)(3) include: The reexamination order is not based on prior art patents or printed publications All claims of the patent were held invalid by a final federal court decision…
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