You are here: Ed9 07.2015 Guidebook » Chapter 2200

2259 Res Judicata and Collateral Estoppel in Reexamination Proceedings

MPEP SECTION SUMMARY

Since all claims finally held invalid by a Federal court, after all estoppels, will be withdrawn from consideration and not reexamined during a reexamination proceeding, a rejection on the grounds of res judicata will not be appropriate in reexamination.

2261 Special Status for Action

MPEP SECTION SUMMARY

In view of the requirement for “special dispatch,” reexamination proceedings will be “special” throughout their pendency in the Office.

35 U.S.C. 305 Conduct of reexamination proceedings.

*****

All reexamination proceedings under this section, including any appeal to the Patent Trial and Appeal Board, will be conducted with special dispatch within the Office.

2263 Time for Response

MPEP SECTION SUMMARY

A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination. An extension of time may be requested under 37 CFR 1.550(c).

» 2265 Extension of Time