Are automatic extensions available in inter partes reexamination?
No, automatic extensions are not available in inter partes reexamination proceedings. This differs from ex parte reexamination, where an automatic two-month extension is granted for the first response to a final Office action.
The MPEP clarifies: “The automatic extension given in ex parte reexamination does not apply to the first response to an Action Closing Prosecution (ACP) in an inter partes reexamination.“
The reason for this difference is explained: “In inter partes reexamination, parties do not file an appeal in response to an ACP, and a further Office action (Right of Appeal Notice) will issue even if the parties make no response at all. Thus, there is no time period to appeal running against the parties after the ACP is issued, unlike ex parte reexamination where an appeal is due after final rejection.”
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