What is the process for handling rebuttal briefs in inter partes reexamination?

The process for handling rebuttal briefs in inter partes reexamination involves several steps:

• The Board of Patent Appeals and Interferences (BPAI) determines compliance with 37 CFR 1.943(c) and 37 CFR 41.71.
• The Central Reexamination Unit (CRU) retains jurisdiction over the proceeding until a docketing notice is entered.
• The Board reviews the rebuttal brief and forwards it to the CRU.
• The examiner acknowledges the rebuttal brief using a Form PTOL-90.

As stated in MPEP 2679: “Accordingly, when a rebuttal brief is received in response to an examiner’s answer, it is reviewed by the Board and then forwarded to the CRU for the examiner to consider the submission(s) and acknowledge the rebuttal brief using a Form PTOL-90.“

To learn more:

• rebuttal brief
• inter partes reexamination
• BPAI
• CRU
• patent examination