What are the criteria for making a rejection final in an ex parte reexamination?
The criteria for making a rejection final in an ex parte reexamination proceeding are similar to those used in regular patent applications. According to MPEP § 2271:
“The criteria for making a rejection final in an ex parte reexamination proceeding is analogous to that set forth in MPEP § 706.07(a) for making a rejection final in an application.”
Key factors include:
- A clear issue has been developed between the examiner and the patent owner
- The patent owner has had opportunities to respond to and/or amend to avoid outstanding grounds of rejection
- All relevant grounds of rejection have been fully applied to the claims
- The examiner has carefully reviewed and reiterated all outstanding grounds of rejection
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2271 - Final Action,
Patent Law,
Patent Procedure