What happens if a reexamination certificate is about to issue during a new reexamination request?
If a reexamination certificate for a prior reexamination is about to issue when a new reexamination request is filed, the proceedings are typically not merged. According to MPEP 2295: “If the certificate for the first reexamination proceeding will issue before the decision on the second request must be decided, the reexamination certificate is allowed to issue. The second request is then considered based upon the claims in the patent as indicated in the issued reexamination certificate rather than the original claims of the patent.” This ensures that the new reexamination is based on the most recent version of the patent claims.
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Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2295 - Reexamination Of A Reexamination,
Patent Law,
Patent Procedure