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2656 Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination [Added R-2] - 2600 Optional Inter Partes Reexamination
2656 Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination [Added R-2]
The primary source of prior art will be the patents and printed publications cited in the request for inter partes 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 by the patent owner under a duty of disclosure (37 CFR 1.933) in compliance with 37 CFR 1.98;
(C) discovered by the examiner in searching;
(D) of record in the patent file from earlier examination;
(E) 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; and
(F) cited by the third party requester under appropriate circumstances pursuant to 37 CFR 1.948.
The reexamination file must clearly indicate which prior art patents and printed publications the examiner has considered during the examination of the inter partes reexamination proceeding.
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