What is the process for denying a reexamination request?

The process for denying a reexamination request involves several steps:

1. The examiner prepares a decision explaining why no SNQ/RLP has been established for each cited patent or publication.
2. The examiner sets up a panel review conference to discuss the decision.
3. If the conference confirms the denial, the examiner completes and signs the decision, with conferees initialing it.
4. The Central Reexamination Unit (CRU) processes the decision for mailing.
5. A one-month period is allowed for potential petitions seeking review of the denial.
6. If no petition is filed, the CRU processes a partial refund and concludes the proceeding.

As stated in the MPEP:

“If the conference confirms the examiner’s preliminary decision not to grant reexamination, the decision denying reexamination is completed and signed by the examiner, with the two or more other conferees initialing the action (as ‘conferee’) to indicate their presence in the conference.”

This process ensures thorough review and proper documentation of the decision to deny reexamination.

To learn more:

• reexamination denial process
• panel review conference
• CRU
• patent examination