How do double patenting principles apply to reexamination proceedings?
Basic principles of double patenting do apply to reexamination proceedings. The MPEP states:
“Basic principles of double patenting apply to reexamination proceedings, as explained in this chapter and in MPEP Chapters 2200 and 2600 (see especially MPEP § 2258).”
This means that during a reexamination, examiners should consider double patenting issues. For detailed guidance on how double patenting is applied in reexamination proceedings, refer to MPEP Chapter 2200, MPEP Chapter 2600, and specifically MPEP § 2258.
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