Are there exceptions to who conducts a reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.