What should an examiner do if a protest is filed against a reissue application?
When a protest is filed against a reissue application, the examiner should take the following steps:
- Determine if a protest has been filed.
- If a protest exists, handle it according to the procedures set forth in MPEP § 1901.06.
- Consider the specific guidelines for protests under 37 CFR 1.291 in reissue applications, as outlined in MPEP § 1441.01.
The MPEP states: “The examiner should determine if a protest has been filed, and if so, it should be handled as set forth in MPEP § 1901.06.”
Examiners must carefully review the protest and its implications for the reissue application, ensuring that all relevant issues raised are addressed during examination.
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