Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…

Untimely papers in inter partes reexamination are handled according to specific procedures outlined in MPEP 2625. The process is as follows: Papers filed prior to the first Office action that are not authorized will be returned without consideration. If such papers are inadvertently entered, they will be expunged from the record. A notification letter about…