What happens if a third party requester submits improper comments in inter partes reexamination?
If a third party requester submits improper comments in inter partes reexamination, the examiner will take specific actions. The MPEP states:
“If the written comments are improper, the examiner should return the written comments (the entire paper) with an explanation of what is not proper; if the comments have been scanned into the Image File Wrapper (IFW) for the reexamination proceeding prior to the discovery of the impropriety, they should be expunged from the record, with notification being sent to the third party requester.“
In some cases, the third party requester may be given a chance to rectify the comments:
“If the comments were filed prior to the mailing of an Action Closing Prosecution (e.g., in response to a non-final Office action), the notification to the third party requester may provide a time period of fifteen (15) days for the third party requester to rectify and refile the comments.”
However, if the comments are still improper after the second submission, they will be returned and cannot be resubmitted.
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