How does 37 CFR 1.104 apply to reexamination proceedings?

37 CFR 1.104, which outlines the nature of examination, applies to reexamination proceedings in the same way it applies to the examination of patent applications. As stated in MPEP 2260:

“As is true in the examination of applications, 37 CFR 1.104 (Nature of examination) applies to the examination of reexamination proceedings.”

This means that the general principles and procedures for examining patent applications are also applicable to reexamination proceedings. The examiner must conduct a thorough search and examination of the patent claims, considering both the prior art and the requirements for patentability, just as they would for a new patent application.

To learn more:

• ex parte reexamination
• 37 CFR 1.104
• nature of examination
• MPEP 2260