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Message: REQUEST FOR REEXAMINATION OF THE PATENT AFTER REISSUE OF THE PATENT

REQUEST FOR REEXAMINATION OF THE PATENT AFTER REISSUE OF THE PATENT

posted on Oct 03, 2009 06:14PM

Where a request for reexamination is filed on a patent after a reissue patent for that patent has already issued, reexamination will be denied, because the patent on which the request for reexamination is based has been surrendered. Should reexamination of the reissued patent be desired, a new request for reexamination, including and based on the specification and the claims of the reissue patent, must be filed. Where the reissue patent issues after the filing of a request for reexamination, see MPEP ยง 2285

Also(note my bolding)

In certain situations, after a grant of a second or subsequent request for ex parte reexamination, where (A) the patent owner files a petition under 37 CFR 1.182 as part of the statement or as the statement, and (B) it appears clear that the second or subsequent request was filed for purposes of harassment of the patent owner, if the petition is granted, prosecution on the second or subsequent reexamination would be suspended. Merger of such a second or subsequent request with the already pending reexamination proceeding(s) would unduly prolong the conclusion of the pending reexamination and be inconsistent with the requirement that reexamination proceeding be conducted with special dispatch

http://www.uspto.gov/web/offices/pac/mpep/documents/2200_2240.htm

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Be well

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