How are inappropriate or untimely papers handled in ex parte reexamination proceedings?
Inappropriate or untimely papers in ex parte reexamination proceedings are generally expunged from the official file. According to MPEP 2267, “Where papers are filed during reexamination proceedings which are inappropriate because of some defect, such papers will be expunged from the official file by marking the papers ‘closed’ and ‘non-public’.”
If the paper has already been scanned into the Image File Wrapper (IFW), it will be “returned” by expunging it, which means marking it as “non-public” and “closed” so that it doesn’t appear in the active IFW record.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2267 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure