37 C.F.R. § 1.991 Merger of concurrent reissue application and inter partes reexamination proceeding.
Title 37 - Patents, Trademarks, and Copyrights
If a reissue application and an inter partes reexamination proceeding on which an order pursuant to §1.931 has been mailed are pending concurrently on a patent, a decision may be made to merge the two proceedings or to suspend one of the two proceedings. Where merger of a reissue application and an inter partes reexamination proceeding is ordered, the merged proceeding will be conducted in accordance with §§1.171 through 1.179, and the patent owner will be required to place and maintain the same claims in the reissue application and the inter partes reexamination proceeding during the pendency of the merged proceeding. In a merged proceeding the third party requester may participate to the extent provided under §§1.902 through 1.997, except that such participation shall be limited to issues within the scope of inter partes reexamination. The examiner's actions and any responses by the patent owner or third party requester in a merged proceeding will apply to both the reissue application and the inter partes reexamination proceeding and be physically entered into both files. Any inter partes reexamination proceeding merged with a reissue application shall be terminated by the grant of the reissued patent.
Title 37: Patents, Trademarks, and Copyrights
PART 1—RULES OF PRACTICE IN PATENT CASES
Subpart H—
Concurrent Proceedings Involving Same Patent in Inter Partes Reexamination
§ 1.991 Merger of concurrent reissue application and
