37 CFR 1.525 : Patents, Trademarks, And Copyrights (§ 1.1 To Chapter V) — (§ 1.1 To Chapter V) — United States Patent And Trademark Office, Department Of Commerce (§ 1.1 To Parts 151-199) — General (§ 1.1 To §§ 5.31-5.33) — Rules Of Practice In Patent Cases (§ 1.1 To § 1.1071) — Ex Parte Reexamination Of Patents (§ 1.501 To § 1.570) — Ex Parte Reexamination (§ 1.525 To § 1.565) — Order for ex parte reexamination.

(a) If a substantial new question of patentability is found pursuant to § 1.515 or § 1.520, the determination will include an order for ex parte reexamination of the patent for resolution of the question. If the order for ex parte reexamination resulted from a petition pursuant to § 1.515(c), the ex parte reexamination will ordinarily be conducted by an examiner other than the examiner responsible for the initial determination under § 1.515(a).

(b) The notice published in the Official Gazette under § 1.11(c) will be considered to be constructive notice and ex parte reexamination will proceed.