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Message: wiki reexamination

wiki reexamination

posted on Apr 21, 2009 11:01AM

I believe our questions are whether or not claim 29(?) was accepted as amended and what effect that would have on going forward with the MMP.




http://en.wikipedia.org/wiki/Reexami...


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Once a reexamination is ordered, a new examiner is assigned to the case and the patent goes through another examination similar in procedure to the examination it received the first time around. If any claims are rejected in light of the new questions raised, then the patent owner can narrow or cancel said claims to get around the rejection. The patent owner can also submit new claims, provided they are not any broader than the claims in the original patent. If the examiner makes a rejection "final", then the patent owner can appeal the examiner’s decision to the USPTO's Board of Patent Appeals and Interferences. If necessary, the patent owner can further appeal to the Court of Appeals for the Federal Circuit, and even to the US Supreme Court if necessary.

Once the reexamination has been concluded, a “Certificate of Reexamination” is issued. The certificate makes any corrections to a patent that are required by the reexamination. If all of the claims are rejected, for example, then the certificate will indicate that all claims are cancelled and the patent owner will be left with a patent that doesn’t cover anything


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Apr 21, 2009 11:11AM
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