@Timcognito, FYI, I doubt you will be able to find a supporting citation.
1. Below is the entire section of the CFR, 37 CFR 1.906, pertaining to the scope of inter partes reexamination:
§ 1.906 Scope of reexamination in inter partes 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. (
Emphasis added).
2. Below is the entire section of the CFR, 37 CFR 1.552, pertaining to the scope of ex parte reexamination:
§ 1.552 Scope of reexamination in ex parte reexamination proceedings.
(a) Claims in an ex parte 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 ex parte 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 a reexamination proceeding. If such issues are raised by the patent owner or 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 consider the advisability of filing a reissue application to have such issues considered and resolved. (
Emphasis added).
(d) Any statement of the patent owner and any accompanying information submitted pursuant to
§ 1.501(a)(2) which is of record in the patent being reexamined (which includes any reexamination files for the patent) may be used after a reexamination proceeding has been ordered to determine the proper meaning of a patent claim when applying patents or printed publications.