What happens if an examiner’s answer is not approved in a reexamination proceeding?

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.

What happens if an examiner’s answer is not approved in a reexamination proceeding?

If an examiner’s answer is not approved in a reexamination proceeding, the following steps occur:

• The examiner’s answer is returned to the Central Reexamination Unit (CRU) or Technology Center (TC) for correction.
• The original statement of the basis for the rejection is maintained.
• A corrected examiner’s answer is prepared and forwarded to the Central Reexamination Unit (CRU).

According to MPEP 2245: “Where the examiner’s answer is not approved, the original statement of the basis for the rejection is maintained. The examiner will be notified and the examiner’s answer will be returned to the Central Reexamination Unit (CRU) or Technology Center (TC) for correction.” This process ensures that the examiner’s answer meets the necessary standards before proceeding further in the reexamination process.