2690 Format of Inter Partes Reexamination Certificate
MPEP SECTION SUMMARY
An inter partes reexamination certificate is issued at the close of each inter partes reexamination proceeding in which reexamination has been ordered, unless the inter partes reexamination proceeding is merged with a reissue application. In that situation, the inter partes reexamination proceeding is concluded by the grant of a reissue patent, the reissue patent will constitute the reexamination certificate. Further details on the format of the inter partes reexamination certificate are covered in this section.
It should be noted that where an ex parte reexamination is merged with an inter partes reexamination proceeding, an inter partes reexamination certificate will issue for the merged proceeding.
The certificate will identify the patent claims which were confirmed as patentable, canceled, disclaimed, and those claims not examined.
Only the status of the confirmed, canceled, disclaimed, and not examined claims will be indicated in the certificate.
The text of the new and amended claims will be printed in the certificate.
Any new claims will be printed in the certificate completely in italics, and any amended claims will be printed in the certificate with italics and bracketing indicating the amendments thereto.
Any prior court decisions will be identified, as well as the citation of the court decisions.
2693 Intervening Rights
MPEP SECTION SUMMARY
The situation of intervening rights resulting from inter partes reexamination proceedings parallels the intervening rights situation resulting from reissue patents or from ex parte reexamination proceedings.
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(b) AMENDED OR NEW CLAIM.— Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, prior to issuance of a certificate under the provisions of subsection (a) of this section.
2694 Concluded Reexamination Proceedings
MPEP SECTION SUMMARY
Inter partes reexamination proceedings may be concluded in one of three ways:
The prosecution of the reexamination proceeding may be brought to an end, and the proceeding itself concluded, by a denial of reexamination, or vacating the reexamination proceeding, or terminating the reexamination proceeding. (In these instances, no reexamination certificate is issued).
The proceeding may be concluded under 37 CFR 1.997(b) with the issuance of a reexamination certificate.
The proceeding may be concluded under 37 CFR 1.997(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.
2695 Reexamination of a Reexamination
MPEP SECTION SUMMARY
When the processing and examination of a reexamination request filed on a patent for which a reexamination certificate has already issued, or a reexamination certificate issues on a prior reexamination, while the new reexamination is pending, this reexamination request is generally referred to as a “reexamination of a reexamination.”
A reexamination of a reexamination is processed in accordance with the guidelines set forth in MPEP § 2295 regardless of whether the reexamination certificate was issued for an ex parte reexamination or an inter partes reexamination, and regardless of whether the pending reexamination proceeding is an ex parte reexamination or an inter partes reexamination.
2690 Format of Inter Partes Reexamination Certificate 
