What types of questions are not considered in ex parte reexamination requests?
Ex parte reexamination requests under 35 U.S.C. 302 are limited to questions of patentability based on prior art patents or printed publications. The MPEP 2216 explicitly states that certain types of questions should not be included in such requests:
“Questions relating to grounds of rejection other than those based on prior art patents or printed publications should not be included in a request filed under 35 U.S.C. 302 and will not be considered by the examiner if included. Examples of such questions that will not be considered are public use, on sale, and conduct by parties.”
This means that issues related to prior public use, on-sale activities, or conduct by parties involved in the patent process are outside the scope of ex parte reexamination. The focus is solely on patentability issues that can be addressed through prior art patents and printed publications.
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