What regulations guide the examiner’s consideration of submissions in reexamination?

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 reexamination proceedings, examiners are guided by specific regulations when considering various submissions. MPEP 2253 outlines these regulations:

• For proposed amendments: “With respect to consideration of any proposed amendments to the specification, including claims, made by the patent owner, the examiner will be guided by the provisions of 37 CFR 1.530(d)-(j).“
• For the patent owner’s statement: “With respect to consideration of the patent owner’s statement, the examiner will be guided by 37 CFR 1.530(c).“
• For third-party requester replies: “As to consideration of a reply by a third party requester, the examiner will be guided by 37 CFR 1.535.“

These regulations provide detailed instructions on how examiners should evaluate and consider different types of submissions during the reexamination process, ensuring consistency and fairness in the examination.