How does 37 CFR 1.104 apply to reexamination proceedings?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner’s First Ex Parte Action Establishes Issues in Reexamination MPEP 2260 Cautionary Statement for First Office Action MPEP 2260 Examiner Must Add Form Paragraph 4.03 in Office Actions After Practitioner Death MPEP 406 Recommended Patent Owner Must File Statement and Amendment Before First Action MPEP 2260 Permitted Issues Must Be Clearly Defined In First Ex Parte Action MPEP 2260 Recommended Caution for Complete Response After First Action MPEP 2260 Recommended Amendments Must Show Reasons for Delayed Presentation After Final Action MPEP 2260 Required Form Paragraphs Must Be Noted In Office Actions MPEP 2258 Form Paragraph for Office Action Prior to Allowance MPEP 1302.14 Form Paragraph Must Be Used Once Per Office Action MPEP 2148 Recommended Other Related FAQs 5 FAQs Collapse How does the examiner determine whether to issue an ACP or a final rejection in ex parte reexamination? What are the requirements for amendments after a final action in reexam...