How are fees handled in merged reissue and reexamination proceedings?

In merged reissue and reexamination proceedings, only a single fee needs to be paid for actions that would normally require a fee in each separate proceeding. The MPEP clarifies:

“Where the proceedings have been merged and a paper is filed which requires payment of a fee (e.g., excess claims fee, extension of time fee, petition fees, appeal fees, brief fees, oral hearing fees), only a single fee need be paid. For example, only one fee need be paid for an appellant brief, even though the brief relates to merged multiple examinations and copies of the brief are filed for each file in the merger (as is required).”

It’s important to note that for excess claim fees, reissue practice will control in the merged proceeding.

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