37 C.F.R. § 1.176
Examination of reissue
(a) A reissue application will be examined in the same manner as a non-reissue, non-provisional application, and will be subject to all the requirements of the rules related to non-reissue applications. Applications for reissue will be acted on by the examiner in advance of other applications.
(b) Restriction between subject matter of the original patent claims and previously unclaimed subject matter may be required (restriction involving only subject matter of the original patent claims will not be required). If restriction is required, the subject matter of the original patent claims will be held to be constructively elected unless a disclaimer of all the patent claims is filed in the reissue application, which disclaimer cannot be withdrawn by applicant.
Notes of Decisions
Cited in 22
cases, 1976–2014 · leading case: In Re Suong-Hyu Hyon
In Re Suong-Hyu Hyon (2012)
“See 37 C.F.R. § 1.176 (a) ("A reissue application will be examined in the same manner as a non-reissue, non-provisional application, and will be subject to all the requirements of the rules related to non-reissue applications.”
Digital Equipment Corporation v. Sidney A. Diamond, Etc. (1981)
“See 37 C.F.R. § 1.176 : “An original claim, if re-presented in the reissue application, is subject to reexamination, and the entire application will be examined in the same manner as original applications.”
Hewlett-Packard Company, Plaintiff/cross-Appellant v. Bausch & Lomb Incorporated (1989)
“§ 251 (“[t]he provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent”); 37 C.F.R. § 1.176 (1988) (reissue application “examined in the same manner as original applications”); In re Doyle, 482 F.”
In Re Berwyn E. Etter (1985)
“Reexamination, as interpreted by the PTO, is a two step process involving: (1) the determination that there is “a substantial new question of patentability”, and (2) reexamination itself.”
In re Lipitor Antitrust Litigation (2014)
“11/653,830 (“the reissue application”) to rectify the error identified by the Federal Circuit in claim 6 of the '995 patent. (Am. Compl. ¶ 100.) In theory, this placed the entire '995 patent in jeopardy, because “a reissue application, including all the claims therein, is…”
Nupla Corporation v. Ixl Manufacturing Company, Inc. (1997)
“” 37 C.F.R. § 1.176 . Pertinent prior art is citable, even if it was not cited in the original examination.”
Hitachi Koki Co., Ltd. v. Doll (2009)
“See 37 C.F.R. § 1.176 (a). After reviewing Hitachi’s reissue application, the PTO Examiner (“Examiner”) denied Claim 1, among others, as obvious under 35 U.”
Fisher Controls Co., Inc. v. Control Components, Inc. (1977)
“37 C.F.R. § 1.176 . Possible Benefits of Reissue Examination to Ongoing Litigation The benefits of the new rules must, of necessity, be found in informed prediction.”
Dresser Industries, Inc. v. Ford Motor Co. (1981)
“176, 37 C.F.R. § 1.176 , the reissue application is to be examined “in the same manner as original applications, subject to the rules relating thereto.”
George M. Mooney v. Brunswick Corporation (1981)
“37 C.F.R. § 1.176 (1980). In addition, patent examiners are not permitted to discuss questions of patentability involving the patent at issue with applicants until after the first official action of the Office.”
In Re Paul Graff (1997)
“See 37 C.F.R. § 1.176 (“An original claim, if re-presented in the reissue application, is subject to reexamination, and the entire application will be examined in the same manner as original applica-tions____”) The examiner, by action dated September 2, 1987, rejected all of the…”
Hitachi Koki Co., Ltd. v. Dudas (2008)
“See 37 C.F.R. § 1.176 (a). After reviewing Hitachi’s reissue application, the examiner denied Claims 1-3, 26, 27, 37, 48-56, and 58-62 as unpatentable under 35 U.”
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