37 CFR § 41.60 — Definitions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.60 Definitions.
This page consolidates MPEP guidance interpreting 37 CFR § 41.60, including 4 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section provides detailed definitions for ex parte appeals in inter partes reexamination, ensuring clarity and compliance with USC and CFR provisions to navigate these complex procedures effectively.
What this section covers
- Defines the scope of this section to cover ex parte appeals specifically.
- Identifies that the guidance primarily pertains to ex parte appeals in inter partes reexamination.
Key obligations
- Practitioners must understand the definitions to properly navigate ex parte appeals.
- Compliance with USC and CFR provisions related to these definitions is necessary.
Practice notes
- Review the specific definitions provided for clarity in drafting appeals.
- Avoid misinterpretation of terms that could lead to procedural errors during ex parte appeals.
Official MPEP § 41.60 — Definitions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.60 Definitions.
In addition to the definitions in § 41.2 , the following definitions apply to proceedings under this subpart unless otherwise clear from the context:
Appellant means any party, whether the owner or a requester, filing a notice of appeal or cross appeal under § 41.61 . If more than one party appeals or cross appeals, each appealing or cross appealing party is an appellant with respect to the claims to which his or her appeal or cross appeal is directed.
Filing means filing with a certificate indicating service of the document under § 1.903 of this title.
Owner means the owner of the patent undergoing inter partes reexamination under § 1.915 of this title.
Proceeding means an inter partes reexamination proceeding. Appeal to the Board in an ex parte reexamination proceeding is controlled by subpart B of this part. An inter partes reexamination proceeding is not a contested case subject to subpart D.
Requester means each party, other than the owner, who requested that the patent undergo inter partes reexamination under § 1.915 of this title.
Respondent means any requester responding under § 41.68 to the appellant’s brief of the owner, or the owner responding under § 41.68 to the appellant’s brief of any requester. No requester may be a respondent to the appellant brief of any other requester.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]