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Article: Piggyback Ex Parte Reexaminations Are Clipped by The USPTO.(United States Patent and Trademark Office )
- Article from:
- Mondaq Business Briefing
- Article date:
- September 7, 2004
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The U. S. Patent and Trademark Office (USPTO) now instructs examiners that an ex parte reexamination based on a subsequent concurrent reexamination request which relies on the same prior art as an on going ex parte reexamination should be ordered
"... only if the prior art raises a substantial new question of patentability which is different than that raised in the preceding reexamination. If the prior art raises the same substantial new question of patentability as that raised in the pending reexamination proceedings, the second of subsequent request should be denied." MPEP 2240, 8th Ed., Rev. 2, May 2004, italic emphasis added.
The new position of the ...