Can the original examiner be assigned to a reexamination request?
Generally, the original examiner is not assigned to a reexamination request. The MPEP states, “It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application.” However, exceptions can be made in rare cases where the original examiner is the only one with adequate knowledge of the technology. Such exceptions require approval from the CRU Director.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2236 - Assignment Of Reexamination,
Patent Law,
Patent Procedure