What claims are considered when deciding a request for ex parte reexamination under 35 U.S.C. 302?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When deciding a request for ex parte reexamination under 35 U.S.C. 302, the claims considered are those in effect at the time of the determination. As stated in the MPEP:

The claims of the patent in effect at the time of the determination will be the basis for deciding whether “a substantial new question of patentability” is present. (MPEP 2243)

This means that the examination will generally focus on the claims for which reexamination was specifically requested, unless the Office decides to exercise its discretion to examine other claims.