Appeal No. 2007-0111
Reexamination 90/006,297
1 publications. On his own initiative, and any time, the Director may
2 determine whether a substantial new question of patentability is raised
3 by patents and publications discovered by him or cited under the
4 provisions of section 301 of this title.
5
6 While 35 U.S.C. § 303(a) was amended on November 2, 2002 to state that
7 “[t]he existence of a substantial new question of patentability is not precluded by
8 the fact that a patent or printed publication was previously cited by or to the Office
9 or considered by the Office,”4 the statute in effect at the time the Director’s order
10 was issued (i.e., June 7, 2002) controls the scope of this reexamination proceeding.
11 See Patent and Trademark Office Authorization Act of 2002, Pub. L. No. 107-273,
12 § 13105, 116 Stat. 1899, 1900 (2003)(“The amendments made by this section shall
13 apply with respect to any determination of the Director...that is made under section
4 35 U.S.C. § 303(a) was amended effective on Nov. 2, 2002 to read as
follows:
(a) Within three months following the filing of a request for
reexamination under the provisions of section 302 of this title, the
Director will determine whether a substantial new question of
patentability affecting any claim of the patent concerned is raised by
the request, with or without consideration of other patents or printed
publications. On his own initiative, and any time, the Director may
determine whether a substantial new question of patentability is raised
by patents and publications discovered by him or cited under the
provisions of section 301 of this title. The existence of a substantial
new question of patentability is not precluded by the fact that a patent
or printed publication was previously cited by or to the Office or
considered by the Office. [Emphasis added.]
44
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