(b) The protest will be entered into the record of the application if, in addition to complying with paragraph (c) of this section, the protest has been served upon the applicant in accordance with § 1.248, or filed with the Office in duplicate in the event service is not possible; and, except for paragraph (b)(1) of this section, the protest was filed prior to the date the application was published under § 1.211, or the date a notice of allowance under § 1.311 was given or mailed, whichever occurs first:
…
(2) A statement must accompany a protest that it is the first protest submitted in the application by the real party in interest who is submitting the protest; or the protest must comply with paragraph (c)(5) of this section.

(c) In addition to compliance with paragraphs (a) and (b) of this section, a protest must include:

• (1) An information list of the documents, portions of documents, or other information being submitted, where each:
  • (i) U.S. patent is identified by patent number, first named inventor, and issue date;
  • (ii) U.S. patent application publication is identified by patent application publication number, first named inventor, and publication date;
  • (iii) Foreign patent or published foreign patent application is identified by the country or patent office that issued the patent or published the application; an appropriate document number; the applicant, patentee, or first named inventor; and the publication date indicated on the patent or published application;
  • (iv) Non-patent publication is identified by author (if any), title, pages being submitted, publication date, and, where available, publisher and place of publication; and
  • (v) Item of other information is identified by date, if known;
• (2) A concise explanation of the relevance of each item identified in the information list pursuant to paragraph (c)(1) of this section;
• (3) A legible copy of each item identified in the information list, other than U.S. patents and U.S. patent application publications;
• (4) An English language translation of any non-English language item identified in the information list; and
• (5) If it is a second or subsequent protest by the same party in interest, an explanation as to why the issue(s) raised in the second or subsequent protest are significantly different than those raised earlier and why the significantly different issue(s) were not presented earlier, and a processing fee under § 1.17(i) must be submitted.

(d) A member of the public filing a protest in an application under this section will not receive any communication from the Office relating to the protest, other than the return of a self-addressed postcard which the member of the public may include with the protest in order to receive an acknowledgement by the Office that the protest has been received. The limited involvement of the member of the public filing a protest pursuant to this section ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to paragraph (c)(5) of this section.

(d) A member of the public filing a protest in an application under this section will not receive any communication from the Office relating to the protest, other than the return of a self-addressed postcard which the member of the public may include with the protest in order to receive an acknowledgement by the Office that the protest has been received. The limited involvement of the member of the public filing a protest pursuant to this section ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to paragraph (c)(5) of this section.

It is noted that a protest filed in a reissue application is not a "form of preissuance opposition to the grant of a patent" since the patent to be reissued has already been granted. Thus, a protest may be filed in a reissue application throughout the pendency of the reissue application prior to the date a notice of allowance is given or mailed subject to the timing constraints of the examination. A protest with regard to a reissue application should, however, be filed within the 2-month period following the announcement of the filing of the reissue application in the Official Gazette. See MPEP § 1441.01 for guidance as to the filing of a protest in a reissue application.

A protest may not be filed in a provisional application because provisional applications are not examined. A protest filed in a provisional application will not be entered and will be discarded pursuant to 37 CFR 1.291(g).

Note that item (E) above does not apply if the protest is accompanied by a statement that it is the first protest submitted in the application by the real party in interest, or if the protest is the first protest ever to be filed in the application. 37 CFR 1.291(b)(2).

A party obtaining knowledge of an application pending in the Office may file a protest against the application and may therein call attention to any facts within protestor’s knowledge which, in the protestor’s opinion, would make the grant of a patent on the application improper. The party should include with the protest whatever information the party is aware of that would facilitate identification of the application and matching the protest with the application. Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded. 37 CFR 1.291(a). See MPEP § 1901.03.

A protestor does not, by the mere filing of a protest, obtain the “right” to argue the protest before the Office. Active participation by a protestor ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5). See 37 CFR 1.291(d). The USPTO will acknowledge the receipt of a protest in an original or a reissue application file, only if a self-addressed postcard is included with the protest (see MPEP § 1901.05). The question of whether or not a patent will issue is a matter between the applicant and the Office acting on behalf of the public.

(b) The protest will be entered into the record of the application if, in addition to complying with paragraph (c) of this section, the protest has been served upon the applicant in accordance with § 1.248, or filed with the Office in duplicate in the event service is not possible; and, except for paragraph (b)(1) of this section, the protest was filed prior to the date the application was published under § 1.211, or the date a notice of allowance under § 1.311 was given or mailed, whichever occurs first:
…
This section does not apply to the first protest filed in an application.

(g) Protests that fail to comply with paragraphs (b) or (c) of this section may not be entered, and if not entered, will be returned to the protestor, or discarded, at the option of the Office.

A protest may not be filed in a provisional application because provisional applications are not examined. A protest filed in a provisional application will not be entered and will be discarded pursuant to 37 CFR 1.291(g).

37 CFR 1.291(c) requires that the protest must include:

• (A) An information list of the documents, portions of documents, or other information being submitted, where each:
  • (1) U.S. patent is identified by patent number, first named inventor, and issue date;
  • (2) U.S. patent application publication is identified by patent application publication number, first named inventor, and publication date;
  • (3) Foreign patent or published foreign patent application is identified by the country or patent office that issued the patent or published the application; an appropriate document number; the applicant, patentee, or first named inventor; and the publication date indicated on the patent or published application;
  • (4) Non-patent publication is identified by author (if any), title, pages being submitted, publication date, and, where available, publisher and place of publication; and
  • (5) Item of other information is identified by date, if known.
• (B) A concise explanation of the relevance of each item identified in the information list;
• (C) A legible copy of each item identified in the information list, other than U.S. patents and U.S. patent application publications;
• (D) An English language translation of any non-English language item identified in the information list; and
• (E) If the protest is a second or subsequent protest by the same real party in interest, the protest must further include:
  • (1) an explanation as to why the issue(s) being raised in the second or subsequent protest are significantly different than those raised earlier;
  • (2) an explanation as to why the significantly different issue(s) were not presented to the Office earlier; and
  • (3) the processing fee under 37 CFR 1.17(i).

Note that item (E) above does not apply if the protest is accompanied by a statement that it is the first protest submitted in the application by the real party in interest, or if the protest is the first protest ever to be filed in the application. 37 CFR 1.291(b)(2).

A party obtaining knowledge of an application pending in the Office may file a protest against the application and may therein call attention to any facts within protestor’s knowledge which, in the protestor’s opinion, would make the grant of a patent on the application improper. The party should include with the protest whatever information the party is aware of that would facilitate identification of the application and matching the protest with the application. Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded. 37 CFR 1.291(a). See MPEP § 1901.03.

A protestor does not, by the mere filing of a protest, obtain the “right” to argue the protest before the Office. Active participation by a protestor ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5). See 37 CFR 1.291(d). The USPTO will acknowledge the receipt of a protest in an original or a reissue application file, only if a self-addressed postcard is included with the protest (see MPEP § 1901.05). The question of whether or not a patent will issue is a matter between the applicant and the Office acting on behalf of the public.

(b) The protest will be entered into the record of the application if, in addition to complying with paragraph (c) of this section, the protest has been served upon the applicant in accordance with § 1.248, or filed with the Office in duplicate in the event service is not possible; and, except for paragraph (b)(1) of this section, the protest was filed prior to the date the application was published under § 1.211, or the date a notice of allowance under § 1.311 was given or mailed, whichever occurs first:

• (1) If a protest is accompanied by the written consent of the applicant, the protest will be considered if the protest is filed prior to the date a notice of allowance under § 1.311 was given or mailed in the application.
• (2) A statement must accompany a protest that it is the first protest submitted in the application by the real party in interest who is submitting the protest; or the protest must comply with paragraph (c)(5) of this section. This section does not apply to the first protest filed in an application.

(b) The protest will be entered into the record of the application if, in addition to complying with paragraph (c) of this section, the protest has been served upon the applicant in accordance with § 1.248, or filed with the Office in duplicate in the event service is not possible; and, except for paragraph (b)(1) of this section, the protest was filed prior to the date the application was published under § 1.211, or the date a notice of allowance under § 1.311 was given or mailed, whichever occurs first (1) If a protest is accompanied by the written consent of the applicant, the protest will be considered if the protest is filed prior to the date a notice of allowance under § 1.311 was given or mailed in the application.

37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the issuance of invalid patents. With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. No protest or "other form of preissuance opposition to the grant of a patent" may be initiated after publication of the application without the applicant’s express written consent as specified by 35 U.S.C. 122(c). Even if applicant’s express written consent is given, the protest must be filed prior to the date a notice of allowance is given or mailed. Third parties wishing to submit information in the form of patents and printed publications after publication of the application might consider whether a third-party submission under 35 U.S.C. 122(e) would be appropriate. See MPEP § 1134.01.

37 CFR 1.291(b) provides that a timely received protest will be entered into the record of the application if, in addition to complying with the requirements of 37 CFR 1.291(c), the protest is accompanied by the statement under 37 CFR 1.291(b)(2) or it complies with 37 CFR 1.291(c)(5), and is either served upon the applicant, or is filed in duplicate in the event service is not possible. In the event a duplicate protest is enclosed for the applicant, the protest should be accompanied by an explanation of why service on applicant could not be made.

37 CFR 1.291(b) provides that a timely received protest will be entered into the record of the application if, in addition to complying with the requirements of 37 CFR 1.291(c), the protest is accompanied by the statement under 37 CFR 1.291(b)(2) or it complies with 37 CFR 1.291(c)(5), and is either served upon the applicant, or is filed in duplicate in the event service is not possible. In the event a duplicate protest is enclosed for the applicant, the protest should be accompanied by an explanation of why service on applicant could not be made.

A protestor does not, by the mere filing of a protest, obtain the “right” to argue the protest before the Office. Active participation by a protestor ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5). See 37 CFR 1.291(d). The USPTO will acknowledge the receipt of a protest in an original or a reissue application file, only if a self-addressed postcard is included with the protest (see MPEP § 1901.05). The question of whether or not a patent will issue is a matter between the applicant and the Office acting on behalf of the public.

37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the issuance of invalid patents. With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. No protest or "other form of preissuance opposition to the grant of a patent" may be initiated after publication of the application without the applicant’s express written consent as specified by 35 U.S.C. 122(c). Even if applicant’s express written consent is given, the protest must be filed prior to the date a notice of allowance is given or mailed. Third parties wishing to submit information in the form of patents and printed publications after publication of the application might consider whether a third-party submission under 35 U.S.C. 122(e) would be appropriate. See MPEP § 1134.01.

As to item (A) above, 37 CFR 1.291(c)(1)(iii) provides flexibility in permitting identification of foreign patents and published foreign patent applications by the applicant, patentee or first named inventor. Likewise, 37 CFR 1.291(c)(1)(iv) only requires identification of the author, publisher, and place of publication of a non-patent publication if that information is available. It is noted that 37 CFR 1.291(c)(1)(iv) does not preclude a protestor from providing additional information that is not specified. For example, a protestor may provide a journal title and volume/issue information for a journal article. 37 CFR 1.291(c)(1)(v) provides for the submission of information other than patents and publications, including any facts or information adverse to patentability, and requires that each item of “other information” be identified by date, if known. For example, if a publication date for a document is not known and the document is not being relied upon as a publication, the protestor may list such document as an item of other information under 37 CFR 1.291(c)(1)(v).

As to item (A) above, 37 CFR 1.291(c)(1)(iii) provides flexibility in permitting identification of foreign patents and published foreign patent applications by the applicant, patentee or first named inventor. Likewise, 37 CFR 1.291(c)(1)(iv) only requires identification of the author, publisher, and place of publication of a non-patent publication if that information is available. It is noted that 37 CFR 1.291(c)(1)(iv) does not preclude a protestor from providing additional information that is not specified. For example, a protestor may provide a journal title and volume/issue information for a journal article. 37 CFR 1.291(c)(1)(v) provides for the submission of information other than patents and publications, including any facts or information adverse to patentability, and requires that each item of “other information” be identified by date, if known. For example, if a publication date for a document is not known and the document is not being relied upon as a publication, the protestor may list such document as an item of other information under 37 CFR 1.291(c)(1)(v).

As to item (C) above, where only a portion of a document is listed as an item in the information list, only a copy of that portion must be submitted. It is not required to submit the entire document. In addition, when only a portion of a document is submitted, the protestor should also submit copies of pages of the document that provide identifying information. For example, if the item in the information list is identified as a certain chapter in a text book, then only a copy of that identified chapter along with copies of the pages that provide identifying information (e.g., a copy of the cover, title page, and copyright information page) should be submitted with the protest.

As to item (C) above, where only a portion of a document is listed as an item in the information list, only a copy of that portion must be submitted. It is not required to submit the entire document. In addition, when only a portion of a document is submitted, the protestor should also submit copies of pages of the document that provide identifying information. For example, if the item in the information list is identified as a certain chapter in a text book, then only a copy of that identified chapter along with copies of the pages that provide identifying information (e.g., a copy of the cover, title page, and copyright information page) should be submitted with the protest.

As to item (C) above, where only a portion of a document is listed as an item in the information list, only a copy of that portion must be submitted. It is not required to submit the entire document. In addition, when only a portion of a document is submitted, the protestor should also submit copies of pages of the document that provide identifying information. For example, if the item in the information list is identified as a certain chapter in a text book, then only a copy of that identified chapter along with copies of the pages that provide identifying information (e.g., a copy of the cover, title page, and copyright information page) should be submitted with the protest.

37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the issuance of invalid patents. With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. No protest or "other form of preissuance opposition to the grant of a patent" may be initiated after publication of the application without the applicant’s express written consent as specified by 35 U.S.C. 122(c). Even if applicant’s express written consent is given, the protest must be filed prior to the date a notice of allowance is given or mailed. Third parties wishing to submit information in the form of patents and printed publications after publication of the application might consider whether a third-party submission under 35 U.S.C. 122(e) would be appropriate. See MPEP § 1134.01.

As to item (A) above, 37 CFR 1.291(c)(1)(iii) provides flexibility in permitting identification of foreign patents and published foreign patent applications by the applicant, patentee or first named inventor. Likewise, 37 CFR 1.291(c)(1)(iv) only requires identification of the author, publisher, and place of publication of a non-patent publication if that information is available. It is noted that 37 CFR 1.291(c)(1)(iv) does not preclude a protestor from providing additional information that is not specified. For example, a protestor may provide a journal title and volume/issue information for a journal article. 37 CFR 1.291(c)(1)(v) provides for the submission of information other than patents and publications, including any facts or information adverse to patentability, and requires that each item of “other information” be identified by date, if known. For example, if a publication date for a document is not known and the document is not being relied upon as a publication, the protestor may list such document as an item of other information under 37 CFR 1.291(c)(1)(v).

As to item (A) above, 37 CFR 1.291(c)(1)(iii) provides flexibility in permitting identification of foreign patents and published foreign patent applications by the applicant, patentee or first named inventor. Likewise, 37 CFR 1.291(c)(1)(iv) only requires identification of the author, publisher, and place of publication of a non-patent publication if that information is available. It is noted that 37 CFR 1.291(c)(1)(iv) does not preclude a protestor from providing additional information that is not specified. For example, a protestor may provide a journal title and volume/issue information for a journal article. 37 CFR 1.291(c)(1)(v) provides for the submission of information other than patents and publications, including any facts or information adverse to patentability, and requires that each item of “other information” be identified by date, if known. For example, if a publication date for a document is not known and the document is not being relied upon as a publication, the protestor may list such document as an item of other information under 37 CFR 1.291(c)(1)(v).

As to item (A) above, 37 CFR 1.291(c)(1)(iii) provides flexibility in permitting identification of foreign patents and published foreign patent applications by the applicant, patentee or first named inventor. Likewise, 37 CFR 1.291(c)(1)(iv) only requires identification of the author, publisher, and place of publication of a non-patent publication if that information is available. It is noted that 37 CFR 1.291(c)(1)(iv) does not preclude a protestor from providing additional information that is not specified. For example, a protestor may provide a journal title and volume/issue information for a journal article. 37 CFR 1.291(c)(1)(v) provides for the submission of information other than patents and publications, including any facts or information adverse to patentability, and requires that each item of “other information” be identified by date, if known. For example, if a publication date for a document is not known and the document is not being relied upon as a publication, the protestor may list such document as an item of other information under 37 CFR 1.291(c)(1)(v).

A party obtaining knowledge of an application pending in the Office may file a protest against the application and may therein call attention to any facts within protestor’s knowledge which, in the protestor’s opinion, would make the grant of a patent on the application improper. The party should include with the protest whatever information the party is aware of that would facilitate identification of the application and matching the protest with the application. Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded. 37 CFR 1.291(a). See MPEP § 1901.03.

(a) A protest may be filed by a member of the public against a pending application, and it will be matched with the application file if it adequately identifies the patent application. A protest submitted within the time frame of paragraph (b) of this section, which is not matched, or not matched in a timely manner to permit review by the examiner during prosecution, due to inadequate identification, may not be entered and may be returned to the protestor where practical, or, if return is not practical, discarded.

A party obtaining knowledge of an application pending in the Office may file a protest against the application and may therein call attention to any facts within protestor’s knowledge which, in the protestor’s opinion, would make the grant of a patent on the application improper. The party should include with the protest whatever information the party is aware of that would facilitate identification of the application and matching the protest with the application. Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded. 37 CFR 1.291(a). See MPEP § 1901.03.

A party obtaining knowledge of an application pending in the Office may file a protest against the application and may therein call attention to any facts within protestor’s knowledge which, in the protestor’s opinion, would make the grant of a patent on the application improper. The party should include with the protest whatever information the party is aware of that would facilitate identification of the application and matching the protest with the application. Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded. 37 CFR 1.291(a). See MPEP § 1901.03.

A party obtaining knowledge of an application pending in the Office may file a protest against the application and may therein call attention to any facts within protestor’s knowledge which, in the protestor’s opinion, would make the grant of a patent on the application improper. The party should include with the protest whatever information the party is aware of that would facilitate identification of the application and matching the protest with the application. Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded. 37 CFR 1.291(a). See MPEP § 1901.03.

37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the issuance of invalid patents. With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. No protest or "other form of preissuance opposition to the grant of a patent" may be initiated after publication of the application without the applicant’s express written consent as specified by 35 U.S.C. 122(c). Even if applicant’s express written consent is given, the protest must be filed prior to the date a notice of allowance is given or mailed. Third parties wishing to submit information in the form of patents and printed publications after publication of the application might consider whether a third-party submission under 35 U.S.C. 122(e) would be appropriate. See MPEP § 1134.01.

37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the issuance of invalid patents. With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. No protest or "other form of preissuance opposition to the grant of a patent" may be initiated after publication of the application without the applicant’s express written consent as specified by 35 U.S.C. 122(c). Even if applicant’s express written consent is given, the protest must be filed prior to the date a notice of allowance is given or mailed. Third parties wishing to submit information in the form of patents and printed publications after publication of the application might consider whether a third-party submission under 35 U.S.C. 122(e) would be appropriate. See MPEP § 1134.01.

It is noted that a protest filed in a reissue application is not a "form of preissuance opposition to the grant of a patent" since the patent to be reissued has already been granted. Thus, a protest may be filed in a reissue application throughout the pendency of the reissue application prior to the date a notice of allowance is given or mailed subject to the timing constraints of the examination. A protest with regard to a reissue application should, however, be filed within the 2-month period following the announcement of the filing of the reissue application in the Official Gazette. See MPEP § 1441.01 for guidance as to the filing of a protest in a reissue application.

(a) A protest may be filed by a member of the public against a pending application, and it will be matched with the application file if it adequately identifies the patent application. A protest submitted within the time frame of paragraph (b) of this section, which is not matched, or not matched in a timely manner to permit review by the examiner during prosecution, due to inadequate identification, may not be entered and may be returned to the protestor where practical, or, if return is not practical, discarded.

(a) Service of papers must be on the attorney or agent of the party if there be such or on the party if there is no attorney or agent, and may be made in any of the following ways:

• (1) By delivering a copy of the paper to the person served;
• (2) By leaving a copy at the usual place of business of the person served with someone in his employment;
• (3) When the person served has no usual place of business, by leaving a copy at the person’s residence, with some person of suitable age and discretion who resides there;
• (4) Transmission by first class mail. When service is by mail the date of mailing will be regarded as the date of service;
• (5) Whenever it shall be satisfactorily shown to the Director that none of the above modes of obtaining or serving the paper is practicable, service may be by notice published in the Official Gazette.

(b) Papers filed in the Patent and Trademark Office which are required to be served shall contain proof of service. Proof of service may appear on or be affixed to papers filed. Proof of service shall include the date and manner of service. In the case of personal service, proof of service shall also include the name of any person served, certified by the person who made service. Proof of service may be made by:

• (1) An acknowledgement of service by or on behalf of the person served or
• (2) A statement signed by the attorney or agent containing the information required by this section.

(c) See § 41.106(e) or § 42.6(e) of this title for service of papers in contested cases or trials before the Patent Trial and Appeal Board.

37 CFR 1.291(c) requires that the protest must include:
(A) An information list of the documents, portions of documents, or other information being submitted, where each:
…
(5) Item of other information is identified by date, if known.

A protestor does not, by the mere filing of a protest, obtain the “right” to argue the protest before the Office. Active participation by a protestor ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5). See 37 CFR 1.291(d). The USPTO will acknowledge the receipt of a protest in an original or a reissue application file, only if a self-addressed postcard is included with the protest (see MPEP § 1901.05). The question of whether or not a patent will issue is a matter between the applicant and the Office acting on behalf of the public.