¶ 22.03    Issue Not Within Scope of Ex Parte Reexamination

An issue has been raised in the present reexamination proceeding that is not within the scope of an ex parte reexamination ordered under 35 U.S.C. 304. [1]. This issue will not be considered in the present proceeding. 37 CFR 1.552(c).

Examiner Note:

1. In bracket 1, identify the issues.

2. This paragraph may be used either when the patent owner or third party requester raises issues such as public use or on sale, conduct, or abandonment of the invention. Such issues should not be raised independently by the patent examiner.