What are the consequences of failing to provide a proper explanation in an ex parte reexamination request?

Failing to provide a proper explanation in an ex parte reexamination request can result in the following consequences:

• The requester will receive a “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements”
• The requester must then either provide the missing explanation or explicitly withdraw the document, combination, or claim lacking explanation

The MPEP states: “Any failure to provide the required explanation for any document, combination, or claim will be identified in a ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements’“

If the requester receives such a notice, they have two options:

1. Provide a separate explanation for each combination, document, and claim identified as lacking explanation
2. Explicitly withdraw any document, combination, or claim for which reexamination was requested that lacks an explanation

It’s crucial to address all issues identified in the notice to ensure the reexamination request is properly considered.

To learn more:

• ex parte reexamination
• explanation requirements
• noncompliance notice
• request filing