Can a third party requester petition to merge a reexamination proceeding with a reissue application?

A third party requester does not have the right to petition for the merger of a reexamination proceeding with a reissue application. The MPEP clearly states:

The third party requester does not have a right to file a petition under 37 CFR 1.182 to merge a reexamination proceeding and a reissue application examination, since a reexamination third party requester does not have any standing to request relief with respect to a reissue application, to which requester cannot be a party.

However, the third party requester can:

• File a notification of concurrent proceedings under MPEP § 2282
• File a petition under 37 CFR 1.182 to stay the reexamination proceeding that it requested

After being notified of a concurrent reissue application, the Office of Patent Legal Administration (OPLA) will consider the merger and suspension options sua sponte.

To learn more:

• third party requester
• petition rights
• concurrent proceedings
• notification