What is the purpose of 37 CFR 1.927 in the reexamination process?

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.

37 CFR 1.927 is a regulation that allows for petitions in the reexamination process. According to MPEP § 2655:

“However, if a petition under 37 CFR 1.927 is granted overturning a refusal to order reexamination of all of the claims requested to be reexamined, the reexamination proceeding will normally be conducted by another examiner.”

This regulation provides a mechanism for challenging an initial refusal to reexamine certain claims. If such a petition is successful, it not only results in the reexamination of those claims but also typically leads to the assignment of a different examiner for the proceeding.