2816.04 Effect of the Determination [R-11.2013]
If the examiner determines that a SNQ is raised by one or more items of information in the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257. See 37 CFR 1.625(b) and (d). See MPEP § 2818.01.
If the supplemental examination certificate indicates that no SNQ is raised by any of the items of information in the request, ex parte reexamination will not be ordered, and the fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d). See MPEP § 2818.02.