What happens if all claims are canceled in an ex parte reexamination?
What happens if all claims are canceled in an ex parte reexamination?
If all claims are canceled in an ex parte reexamination, the proceeding concludes with a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). The MPEP states:
“If all claims are canceled in an ex parte reexamination proceeding, a NIRC will still be issued.” (MPEP 2287)
This means that even without any remaining claims, the USPTO will formally conclude the reexamination process by issuing a certificate. The certificate will indicate that all claims have been canceled.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2287 - Conclusion Of Ex Parte Reexamination Proceeding,
Patent Law,
Patent Procedure