How are Board decisions treated in ex parte reexamination proceedings?

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.

Board decisions in ex parte reexamination proceedings are treated similarly to those in regular patent applications. MPEP § 2277 specifies that:

“MPEP § 1213 through § 1213.03 relate to decisions of the Board for both applications and ex parte reexamination proceedings.”

This means that the procedures and guidelines outlined in these MPEP sections apply equally to ex parte reexaminations. The Board’s decision in a reexamination can affirm, reverse, or modify the examiner’s decision, potentially leading to the confirmation, cancellation, or amendment of patent claims.