What is the scope of prior art considered in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. In ex parte reexamination, the scope of prior art considered is broader than in the original examination. According to MPEP 2258 : “The consideration of prior art in ex parte reexamination is, however, limited to prior patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103.” This means that examiners can consider: Prior art patents Printed publications New combinations of previously considered references However, other forms of prior art, such as public use or sale, are not within the scope of reexamination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prior Art Patents or Printed Publications Must Be Applied Under 102/103 MPEP 2258 Required Prior Art Rejections Based on 35 U.S.C. 102 After March 16, 2013 MPEP 2258 Required Rejections Must Be Based on Patents or Printed Publications Only MPEP 2258 Rejection Must Be Based on Prior Art in Ex Parte Reexamination MPEP 2258 Prohibited Prior Art Rejections Based on 35 U.S.C. 102 MPEP 2258 Permitted Prior Art Admissions Must Be Considered in Reexamination MPEP 2258 Consideration of Patent Owner Statements During Reexamination MPEP 2258 Recommended Request for Reexamination Limited to Patents and Publications MPEP 2258 Issues Under 35 U.S.C. 112 Not Limited to Reexamined Matter MPEP 2258 Permitted Double Patenting Considered in Ex Parte Reexamination MPEP 2258 Other Related FAQs 5 FAQs Collapse How are claims construed in ex parte reexamination? How are claims interpreted in ex parte reexamination? Can double patenting rejections be made in ex parte reexamination? Can the scope of patent claims be enlarged during ex parte reexamination? How does the scope of ex parte reexaminatio...