What is the process for comments and replies after an examiner’s determination under 37 CFR 41.77(d)?

The process for comments and replies after an examiner’s determination under 37 CFR 41.77(d) is outlined in MPEP 2682:

1. The examiner’s determination sets two one-month time periods:
   • One month from the mailing date of the determination for the patent owner and third party requester(s) to file comments on the examiner’s determination
   • One month from the date of service of such comments for the patent owner and third party requester(s) to file a reply to the comments
2. These time periods cannot be extended (37 CFR 41.77(g))
3. No amendments or further evidence may be submitted as part of these comments or replies
4. The examiner will review the comments and replies for compliance with 37 CFR 41.77(e)
5. Comments and replies that do not comply will not be entered but will remain in the record
6. The examiner will notify the parties and the Board of the compliance status and forward the proceeding to the Board

MPEP 2682 states: “After the issuance of the communication pertaining to the comments and replies under 37 CFR 41.77(e), jurisdiction of the proceeding will transfer to the Board.”

To learn more:

• examiner determination
• comments and replies
• inter partes reexamination
• time periods
• compliance review