35 USC 305
Conduct of reexamination proceedings

Executive summary:

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§305. Conduct of reexamination proceedings

After the times for filing the statement and reply provided for by section 304 of this title [35 USC 304] have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133 of this title [35 USC § §132 and 133]. In any reexamination proceeding under this chapter [35 USC § §301 et seq.], the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as claimed from the prior art cited under the provisions of section 301 of this title [35 USC 301], or in response to a decision adverse to the patentability of a claim of a patent. No proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding under this chapter [35 USC § §301 et seq.]. All reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, will be conducted with special dispatch within the Office.

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