How should prior art be applied in an ex parte reexamination request?

When applying prior art in an ex parte reexamination request, the requester must:

• Provide a detailed explanation of how each cited prior art reference applies to each claim for which reexamination is requested
• Present the explanation in a clear and organized manner, preferably using claim charts
• For obviousness rejections, provide at least one basis for combining cited references and explain why the claim(s) would have been obvious

The MPEP advises: “Ideally, the required explanation can be provided using an appropriately detailed claim chart that compares, limitation by limitation, each claim for which reexamination is requested with the relevant teachings of each reference cited in the request.” This approach helps ensure clarity and completeness in the request.

To learn more:

• prior art application
• ex parte reexamination
• claim charts
• obviousness rejections