How are late responses by requesters handled in reexamination proceedings?
Late responses by requesters in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267: “Any response subsequent to 2 months from the date of service of the patent owner’s statement will not be considered, and will be expunged.” This rule is based on 37 CFR 1.535 and 37 CFR…
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