Can supplemental examination proceedings be merged with other proceedings?
Generally, the USPTO does not merge supplemental examination proceedings with other proceedings. The MPEP 2821 states:
“As a general rule, the Office will not merge a supplemental examination proceeding with any other supplemental examination proceeding.“
However, the Office reserves the right to merge or consolidate proceedings as circumstances warrant. The decision to merge is typically made by the Office sua sponte, and filing a petition to merge is not necessary.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2821 - Multiple Post - Patent Office Proceedings,
Patent Law,
Patent Procedure