How are claims construed in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. In ex parte reexamination, claims are given the broadest reasonable interpretation consistent with the specification. The MPEP states: “During reexamination ordered under 35 U.S.C. 304, and also during reexamination ordered under 35 U.S.C. 257, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims (In re Yamamoto, 740 F.2d 1569, 222 USPQ 934 (Fed. Cir. 1984)).” However, for expired patents, claim construction follows the principle set forth in Phillips v. AWH Corp., where claims are given their ordinary and customary meaning as understood by a person of ordinary skill in the art at the time of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Construction for Expired Patents in Reexamination MPEP 2258 Recommended Claim Construction in Ex Parte Reexamination MPEP 2258 Claims Given Broadest Reasonable Interpretation During Reexamination MPEP 2258 Prior Art Rejections Based on 35 U.S.C. 102 After March 16, 2013 MPEP 2258 Required Rejection Must Be Based on Prior Art in Ex Parte Reexamination MPEP 2258 Prohibited Claims Examined Only on Prior Art MPEP 2258 Merits Examination Dictated by 35 U.S.C. 305 After Reexamination Order MPEP 2258 Admission of Prior Art in Reexamination MPEP 2258 Permitted Prior Art Rejections Based on 35 U.S.C. 102 MPEP 2258 Permitted Claims Examined on Patent and Publication Basis MPEP 2258 Other Related FAQs 5 FAQs Collapse How are claims interpreted in ex parte reexamination? Can double patenting rejections be made in ex parte reexamination? Can the scope of patent claims be enlarged during ex parte reexamination? How doe...