What is the process for issuing a final action in an ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. The process for issuing a final action in an ex parte reexamination involves several steps: Developing a clear issue between the examiner and the patent owner Providing the patent owner with information and references twice before making the action final Conducting a panel review conference to discuss the issuance of the final action Preparing and revising the action as needed after the conference Issuing and signing the final Office action by the examiner, with conferees initialing the action As stated in MPEP § 2271 : “It is intended that the second Office action in the reexamination proceeding following the decision ordering reexamination will generally be made final.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Panel Review Conference for Final Reexamination Action MPEP 2271 Second Office Action Generally Final In Reexamination MPEP 2271 Final Office Action Must Be Signed by Primary Examiner MPEP 2271 Required Examiner Must Provide Patent Owner with Useful Information Twice Before Final Action MPEP 2271 Permitted Clear Issue Must Be Developed Before Final Action MPEP 2271 Recommended Primary Examiner Must Sign Final Office Action MPEP 2271 Required Criteria for Final Rejection in Ex Parte Reexamination Analogous to Application MPEP 2271 Conferee Initials Required for Final Action MPEP 2271 Required Examiner May Use New Prior Art Without Amendment MPEP 2271 Permitted Identification of Substantial New Questions Raised by Cited Prior Art in Reexamination MPEP 2271 Other Related FAQs 5 FAQs Collapse How does the patent owner respond to a final action in ex parte reexamination? What are the criteria for making a rejection final in an ex parte reexamination? W...