MPEP Section 2694, **> Concluded Reexamination Proceedings<

Executive summary:

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2694 **> Concluded Reexamination Proceedings<

Inter partes reexamination proceedings may be *>concluded< in one of three ways:

(A) The >prosecution of the reexamination< proceeding may be terminated >and the proceeding itself concluded,< by a denial of reexamination or vacating the reexamination proceeding. In either case, no reexamination certificate is issued. A terminated reexamination file >(IFW or paper)< in which reexamination has been denied or vacated should be forwarded to the Central Reexamination Unit (CRU) if the file is not already there. The CRU will process the file to provide the partial refund set forth in 37 CFR 1.26(c). **>The reexamination file will then be given a 420 status (reexamination denied) or a 422 status (reexamination vacated). A copy of the PALM "Application Number Information" screen and the "Contents" screen is printed, the printed copy is annotated by adding the comment "PROCEEDING CONCLUDED," and the annotated copy is then scanned into IFW using the miscellaneous letter document code.<

(B) The proceeding may be *>concluded< under 37 CFR 1.997(b) with the issuance of a reexamination certificate. A reexamination proceeding that is *>to be concluded< in this manner should be processed as set forth in MPEP § 2687 and then forwarded to the CRU for review, mailing of the NIRC, and forwarding the file to the Office of Publication.

(C) 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. A reexamination proceeding that is *>concluded< in this manner should be processed, together with the reissue proceeding, as set forth in MPEP § 1455 and forwarded to the Office of Patent Legal Administration in accordance with MPEP § 1456.