What happens after reexamination is ordered under 35 U.S.C. 304?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. After reexamination is ordered under 35 U.S.C. 304 , the examiner will consider any submissions properly filed and served in accordance with 37 CFR 1.530 and 37 CFR 1.535 when preparing the first Office action. As stated in MPEP 2253 : “ Once reexamination is ordered under 35 U.S.C. 304, any submissions properly filed and served in accordance with 37 CFR 1.530 and 37 CFR 1.535 will be considered by the examiner when preparing the first Office action. “ This means that the examiner will review and consider all relevant submissions from both the patent owner and the third-party requester before issuing the first Office action in the reexamination proceeding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Submissions Considered During First Office Action on Merits MPEP 2253 First Office Action Must Consider All Submissions MPEP 2271 Recommended Examiner Must Follow Patent Owner’s Statement Guidance MPEP 2253 Examiner Treats New Issues Raised by Third Party in Reexamination Within Scope MPEP 2253 Recommended Examiner to Follow Specific Provisions for Considering Patent Owner’s Amendments MPEP 2253 Copy of Form Mailed to Patent Owner and Requester After Interview Summary MPEP 2249 Rejections Must Be In First Office Action After Replies MPEP 2240 Suspension of First Reexamination Proceeding for Reply Time MPEP 2283 Permitted Unintentional Delay Revives Ex Parte Reexamination MPEP 2268 Permitted Patent Owner Can Propose New Claims in Reexamination MPEP 2254 Permitted Other Related FAQs 5 FAQs Collapse What guidelines does the examiner follow regarding the patent owner&#8217;s statement in reexamination? How does the examiner handle proposed amendments during reexamina...