Are there exceptions to who conducts a reexamination?
Yes, there are exceptions to who conducts a reexamination. According to MPEP § 2255:
“However, if a petition under 37 CFR 1.515(c) is granted after an examiner’s determination that found the request did not raise any SNQ, the reexamination will generally be conducted by another examiner.”
This means that if a petition challenging the examiner’s initial decision is successful, a different examiner may be assigned to conduct the reexamination to ensure an unbiased review.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2255 - Who Reexamines,
Patent Law,
Patent Procedure