37 CFR § 1.906 - Scope of reexamination in reexamination proceeding.

---
identifier: "/us/cfr/t37/s1.906"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 1.906 - Scope of reexamination in  reexamination proceeding."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "1.906"
section_name: "Scope of reexamination in  reexamination proceeding."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "1"
part_name: "RULES OF PRACTICE IN PATENT CASES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), unless otherwise noted."
regulatory_source: "24 FR 10332, Dec. 22, 1959, unless otherwise noted."
cfr_part: "1"
---


# 1.906 Scope of reexamination in  reexamination proceeding.

(a) Claims in an *inter partes* reexamination proceeding will be examined on the basis of patents or printed publications and, with respect to subject matter added or deleted in the reexamination proceeding, on the basis of the requirements of 35 U.S.C. 112.

(b) Claims in an *inter partes* reexamination proceeding will not be permitted to enlarge the scope of the claims of the patent.

(c) Issues other than those indicated in paragraphs (a) and (b) of this section will not be resolved in an *inter partes* reexamination proceeding. If such issues are raised by the patent owner or the third party requester during a reexamination proceeding, the existence of such issues will be noted by the examiner in the next Office action, in which case the patent owner may desire to consider the advisability of filing a reissue application to have such issues considered and resolved.