37 CFR 1.989
Merger of concurrent reexamination proceedings.
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§1.989 Merger of concurrent reexamination proceedings.
If any reexamination is ordered while a prior inter partes reexamination proceeding is pending for the same patent and prosecution in the prior inter partes reexamination proceeding has not been terminated, a decision may be made to merge the two proceedings or to suspend one of the two proceedings. Where merger is ordered, the merged examination will normally result in the issuance of a single reexamination certificate under § 1.997
An inter partes reexamination proceeding filed under § 1.913
which is merged with an ex parte reexamination proceeding filed under § 1.510
will result in the merged proceeding being governed by § § 1.902
through 1.997, except that the rights of any third party requester of the ex parte reexamination shall be governed by § § 1.510