Can the original examiner be assigned to a reexamination request?

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.

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.