37 CFR 1.989
§ 1.989 Merger of concurrent reexamination proceedings.
United States · 37 CFR — Patents, Trademarks, and Copyrights · Status: effective
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- Citation
- 37 CFR 1.989, § 1.989 Merger of concurrent reexamination proceedings, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/162152
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Full text
(a) 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 and publication of a single reexamination certificate under § 1.997.
(b) 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 through 1.560.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.