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2256 Prior >Art< Patents and Printed Publications *>Reviewed< by Examiner in Reexamination [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2256 Prior >Art< Patents and Printed Publications *>Reviewed< by Examiner in Reexamination [R-2]
The primary source of prior art will be the patents and printed publications cited in the request>for ex parte reexamination<.
The examiner must also consider patents and printed publications:
(A) cited by *>another< reexamination requester under 37 CFR 1.510 >or 37 CFR 1.915<;
(B) cited in >a< patent owner's statement under 37 CFR 1.530 or a requester's reply under 37 CFR 1.535 if they comply with 37 CFR 1.98;
(C) cited by >the< patent owner under a duty of disclosure ( 37 CFR 1.555) in compliance with 37 CFR 1.98;
(D) discovered by the examiner in searching;
(E) of record in the patent file from earlier examination; and
(F) of record in the patent file from any 37 CFR 1.501 submission prior to date of an order if it complies with 37 CFR 1.98. The reexamination file must clearly indicate which prior art patents and printed publications the examiner has considered during the ex parte examination of the reexamination proceeding.
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