How does the USPTO handle amendments or new claims in copending proceedings during reexamination?

The USPTO does not consider amendments or new claims from copending proceedings when deciding on a reexamination request. MPEP 2643 clearly states: “Amendments and/or new claims present in any copending reexamination or reissue proceeding for the patent to be reexamined will not (see MPEP § 2640, subsection II.(A)) be considered nor commented upon when deciding a request for reexamination.” This approach ensures that the reexamination focuses on the claims as they currently exist in the patent, without being influenced by potential changes in other proceedings.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2643 - Claims Considered In Deciding Request, Patent Law, Patent Procedure
Tags: amendments, Copending Proceedings, inter partes reexamination, new claims