What are the required contents of a respondent brief in an inter partes reexamination?
The contents of a respondent brief are outlined in 37 CFR 41.68(b)(1). Key components include:
- Real Party in Interest statement
- Related Appeals, Interferences, and trials
- Status of claims
- Status of amendments
- Summary of claimed subject matter
- Issues to be reviewed on appeal
- Argument
- Evidence appendix
- Related proceedings appendix
- Certificate of service
The MPEP emphasizes: “The respondent brief must be limited to issues raised in the appellant brief to which the respondent brief is directed.” (37 CFR 41.68(a)(3))
It’s crucial to follow these requirements carefully to ensure the brief is considered.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2675.01 - Respondent Brief,
Patent Law,
Patent Procedure