How are merged reissue application and reexamination proceedings conducted?

When a reissue application and a reexamination proceeding are merged, the examination follows specific guidelines. The MPEP states:

Where merger is ordered, the patent owner is required to maintain identical amendments in the reissue application and the reexamination file for purposes of the merged proceeding.

Key aspects of the merged proceeding include:

• Amendments are submitted under 37 CFR 1.173, following reissue practice
• The examiner applies reissue statutes, rules, procedures, and case law
• Office actions apply jointly to both the reissue application and reexamination proceeding
• Responses must be filed in duplicate for entry in both files

If the patent owner fails to file a timely and appropriate response, the merger will be automatically dissolved, the reissue application will be held abandoned, and the reexamination will proceed separately.

To learn more:

• merged proceedings
• reissue practice
• identical amendments
• office actions