37 CFR 1.906
§ 1.906 Scope of reexamination in
United States · 37 CFR — Patents, Trademarks, and Copyrights · Status: effective
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- Citation
- 37 CFR 1.906, § 1.906 Scope of reexamination in, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/162120
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Full text
(a) Claims in an inter partes reexamination proceeding will be examined on the basis of patents or printed publications and, with respect to subject matter added or deleted in the reexamination proceeding, on the basis of the requirements of 35 U.S.C. 112.
(b) Claims in an inter partes reexamination proceeding will not be permitted to enlarge the scope of the claims of the patent.
(c) Issues other than those indicated in paragraphs (a) and (b) of this section will not be resolved in an inter partes reexamination proceeding. If such issues are raised by the patent owner or the third party requester during a reexamination proceeding, the existence of such issues will be noted by the examiner in the next Office action, in which case the patent owner may desire to consider the advisability of filing a reissue application to have such issues considered and resolved.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.