How is a reexamination proceeding concluded when merged with an inter partes reexamination?
When an ex parte reexamination proceeding is merged with an inter partes reexamination, it can be concluded under 37 CFR 1.997(b). According to MPEP 2294, the process involves:
- Issuing a single reexamination certificate
- Processing the merged proceeding as set forth in MPEP § 2690 and MPEP § 2694
The MPEP states: “The proceeding may be concluded under 37 CFR 1.997(b) where the ex parte reexamination proceeding has been merged with an inter partes reexamination proceeding and a single reexamination certificate is issued.“
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2294 - Concluded Reexamination Proceedings,
Patent Law,
Patent Procedure