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1445 Reissue Application Examined in Same Manner as Original Application

MPEP SECTION SUMMARY

A reissue application, including all the claims therein, is subject to “be examined in the same manner as a non-reissue, non-provisional application.” Even in rare cases where, because of an amendment to the claims, the prior art available under 35 U.S.C. 102 and 103 during examination of the reissue application differs from that applied to the original application, the overall examination of the reissue application is conducted in the same manner as was the parent.

1448 Fraud, Inequitable Conduct, or Duty of Disclosure Issues

MPEP SECTION SUMMARY

This section covers fraud, inequitable conduct, and duty of disclosure issues. The Office will not comment upon duty of disclosure issues which are brought to the attention of the Office in reissue applications except to note in the application, in appropriate circumstances, that such issues are no longer considered by the Office during its examination of patent applications.

I. ADMISSION OR JUDICIAL DETERMINATION

This subsection is only applicable to reissue applications filed before September 16, 2012.

Any admission of fraud, inequitable conduct or violation of the duty of disclosure must be explicit, unequivocal, and not subject to other interpretation.

Where a rejection is made based upon such an admission and applicant responds with any reasonable interpretation of the facts that would not lead to a conclusion of fraud, inequitable conduct or violation of the duty of disclosure, the rejection should be withdrawn.

» 1449 Protest Filed in Reissue Where Patent Is in Interference or Contested Case