How does the examiner handle proposed amendments during reexamination?

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.

During reexamination, the examiner follows specific guidelines when considering proposed amendments to the specification, including claims, made by the patent owner. According to MPEP 2253:

“With respect to consideration of any proposed amendments to the specification, including claims, made by the patent owner, the examiner will be guided by the provisions of 37 CFR 1.530(d)-(j).“

This means that the examiner must follow the rules outlined in 37 CFR 1.530(d)-(j) when evaluating proposed amendments. These provisions cover various aspects of amendment procedure, including format requirements, scope limitations, and how to handle new matter. For specific details on handling new matter in amendments, examiners are directed to MPEP § 2270.