How does MPEP Chapter 800 apply to reissue applications?
MPEP Chapter 800 principles generally apply to reissue applications, but with some important considerations. The introduction states:
“The general principles set forth in this chapter apply to reissue applications, however see MPEP § 803.05 and § 1450 for a discussion of the prerequisites to making a restriction requirement in reissue applications.”
This means that while restriction and double patenting concepts are applicable to reissue applications, there are specific requirements that must be met before making a restriction requirement in a reissue application. Examiners and applicants should refer to MPEP § 803.05 and MPEP § 1450 for detailed guidance on these prerequisites.
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