MPEP 2261
Special Status for Action
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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2261 Special Status for Action [R-07.2015]
35 U.S.C. 305 Conduct of reexamination proceedings.
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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.
In view of the requirement for "special dispatch," reexamination proceedings will be "special" throughout their pendency in the Office.
Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have priority over all other cases. Reexamination proceedings not involved in litigation will have priority over all other cases except reexaminations or reissues involved in litigation.