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2294 Terminated Reexamination Files [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2294 Terminated Reexamination Files [R-2]
**>Ex parte reexamination proceedings may be terminated in one of four ways:
(A) The proceeding may be terminated by a denial of reexamination or vacating the reexamination proceeding. (In either case, no Reexamination Certificate is issued).
Terminated reexamination files in which reexamination has been denied or vacated are processed by the Technology Center (TC) to provide the partial refund set forth in 37 CFR 1.26(c). The word "Terminated" is then written in green ink on the face of the file at the top between the word "Reexamination" and the hand-written patent number. The reexamination file is then given either a 420 status (reexamination denied) or a 422 status (reexamination vacated) and forwarded by the TC to the Files Repository Unit (Location Code 9200) for storage with the patent file.
(B) The proceeding may be terminated under 37 CFR 1.570(b) with the issuance of a Reexamination Certificate.
A reexamination proceeding that is terminated in this manner should be processed as set forth in MPEP § 2287, reviewed by the TC Special Program Examiner (SPRE), and then forwarded to the Office of Patent Legal Administration (OPLA).
(C) The proceeding may be terminated under 37 CFR 1.570(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent serves as the certificate.
A reexamination proceeding that is terminated in this manner should be processed, together with the reissue proceeding, as set forth in MPEP § 1455 and forwarded to the OPLA in accordance with MPEP § 1456.
(D) The proceeding may be terminated under 37 CFR 1.997(b) where the ex parte reexamination proceeding has been merged with an inter partes reexamination proceeding and a single reexamination certificate is issued.
A reexamination proceeding that is terminated in this manner should be processed, together with the inter partes reexamination, into a merged certificate of the nature set forth in MPEP § 2690 and MPEP § 2694.<
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