What guidelines does the examiner follow regarding the patent owner’s statement in reexamination?
During reexamination proceedings, the examiner must consider the patent owner’s statement. MPEP 2253 provides specific guidance on this matter:
“With respect to consideration of the patent owner’s statement, the examiner will be guided by 37 CFR 1.530(c).“
This means that the examiner will follow the rules outlined in 37 CFR 1.530(c) when evaluating the patent owner’s statement. This regulation specifies the content and format requirements for the patent owner’s statement, including how the patent owner can address the substantial new question of patentability determined in the reexamination order.
The examiner will consider the patent owner’s arguments and any evidence presented in the statement when preparing the first Office action in the reexamination proceeding.
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