What happens if reexamination proceedings are not merged?
When reexamination proceedings are not merged, they are typically conducted separately to maintain the “special dispatch” requirement. As explained in MPEP 2686.01:
“If the Office does not merge, the first reexamination proceeding can be concluded, and any question of patentability raised by the second reexamination request can be resolved in the second proceeding, with no delay resulting. The second request is then considered based on the claims in the patent as indicated in the issued reexamination certificate, rather than the original claims of the patent.”
This approach allows for the timely conclusion of the first proceeding while still addressing the patentability questions raised in the second request, adhering to the statutory requirement of “special dispatch” under 35 U.S.C. 314(c).
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