37 C.F.R. § 1.525 : Patents, Trademarks, and Copyrights — UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE — GENERAL — RULES OF PRACTICE IN PATENT CASES — EX PARTE REEXAMINATION OF PATENTS —EX PARTE REEXAMINATION — 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.