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§ 305. —  Conduct of reexamination proceedings.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 35USC305]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
CHAPTER 30--PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF 
                                 PATENTS
 
Sec. 305. Conduct of reexamination proceedings

    After the times for filing the statement and reply provided for by 
section 304 of this title have expired, reexamination will be conducted 
according to the procedures established for initial examination under 
the provisions of sections 132 and 133 of this title. In any 
reexamination proceeding under this chapter, the patent owner will be 
permitted to propose any amendment to his patent and a new claim or 
claims thereto, in order to distinguish the invention as claimed from 
the prior art cited under the provisions of section 301 of this title, 
or in response to a decision adverse to the patentability of a claim of 
a patent. No proposed amended or new claim enlarging the scope of a 
claim of the patent will be permitted in a reexamination proceeding 
under this chapter. All reexamination proceedings under this section, 
including any appeal to the Board of Patent Appeals and Interferences, 
will be conducted with special dispatch within the Office.

(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3016; amended 
Pub. L. 98-622, title II, Sec. 204(c), Nov. 8, 1984, 98 Stat. 3388.)


                               Amendments

    1984--Pub. L. 98-622, Sec. 204(c), substituted ``Patent Appeals and 
Interferences'' for ``Appeals''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-622 effective three months after Nov. 8, 
1984, see section 207 of Pub. L. 98-622, set out as a note under section 
41 of this title.



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