What factors are considered in deciding whether to merge proceedings or stay one of them?

The decision to merge proceedings or stay one of them is made on a case-by-case basis, considering various factors. The MPEP states:

The decision on whether to merge the proceedings or stay a proceeding will be made on a case-by-case basis based upon the status of the various proceedings.

Key considerations include:

• The status of the reissue application examination
• The status of the reexamination proceeding
• Whether the reissue application is about to issue
• Whether the reexamination proceeding is on appeal
• Whether a Notice of Intent to Issue a Reexamination Certificate has been issued

The goal is to facilitate the orderly operation of the Office in addressing the proceedings efficiently and effectively.

To learn more:

• merger factors
• stay factors
• case-by-case analysis
• proceeding status