(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.

[65 FR 76775, Dec. 7, 2000]