Why can’t examiners use interviews or examiner’s amendments to resolve minor issues after ACP in inter partes reexamination?
In inter partes reexamination, examiners cannot use interviews or examiner’s amendments to resolve minor issues after Action Closing Prosecution (ACP) due to the presence of the third party requester and procedural restrictions.
MPEP 2673.01 explains:
“The examiner cannot telephone the owner to obtain the minor change(s) and then issue a RAN because interviews are not permitted in an inter partes reexamination proceeding. Also, the examiner cannot make the changes by issuing an examiner’s amendment coupled with a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) because of the presence of the third party requester, i.e., the third party requester is entitled to a RAN so that the claims found patentable can be appealed.”
These restrictions are in place to ensure fairness and transparency in the inter partes reexamination process, allowing all parties to have appropriate opportunities to respond and appeal.
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