How is a reexamination proceeding concluded when merged with a reissue proceeding?

When a reexamination proceeding is merged with a reissue proceeding, it can be concluded under 37 CFR 1.570(e). According to MPEP 2294, the process involves:

• Granting a reissue patent instead of issuing an individual reexamination certificate
• Processing the merged proceeding as set forth in MPEP § 1455 and MPEP § 1456

The MPEP states: “The proceeding may be concluded under 37 CFR 1.570(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent serves as the certificate.“

To learn more:

• reexamination
• reissue proceeding
• merged proceedings
• USPTO procedures