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[wightknyte]

http://www.noreklaw.com/patent_reexaminations.htm states that patents are enforceable during reexamination.  Does anyone know any authority that backs this up?  I'm having trouble finding any authority for this.  I know you have to give up your patent for a reissue so it is unenforceable during a reissue proceeding. 

Further, if the patent is enforceable during reexamination (though the enforceability of the patent post reexam patent is affected the same way as a reissue under 35 U.S.C. 252), does any potential change in enforceability occur when the reexamination certificate is issued?  Or, if you make an amendment during reexamination does this immediately affect patent enforceability even though the reexamination certificate has not issued?  Does anyone know any authority that clears this up?

[mpaul]

A little late, but try Bloom Engineering Co., Inc. v. North American Mfg. Co., 129 F.3d 1247, 1249 (Fed. Cir. 1997).