Who is responsible for determining compliance of rebuttal briefs in inter partes reexamination?

The responsibility for determining compliance of rebuttal briefs in inter partes reexamination lies with the Board of Patent Appeals and Interferences (BPAI). As stated in MPEP 2679: “As provided in MPEP § 2674, the sole responsibility for determining whether rebuttal briefs comply with 37 CFR 1.943(c) and 37 CFR 41.71 was delegated to the Board…

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Can a claim be revived after an interference judgment?

Generally, a claim that has been subject to an adverse interference judgment cannot be revived in its current form. The MPEP 2308.01 is clear on this point: “Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim.” This finality means that the claim, as judged in…

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What happens after the examiner acknowledges a rebuttal brief?

After the examiner acknowledges a rebuttal brief, the following occurs: No further response from the examiner is typically required. Any additional replies or comments from any party will not be considered. The inter partes reexamination proceeding is forwarded to the Board for a decision on the appeal. The MPEP provides two examples of acknowledgments by…

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What are the consequences of not filing a respondent brief in inter partes reexamination?

The MPEP 2675.01 outlines the consequences of not filing a respondent brief in inter partes reexamination: “If no respondent brief is filed, the reexamination will proceed to the Board for decision based upon the appellant’s brief and the examiner’s answer.” This means that: The absence of a respondent brief does not halt the reexamination process…

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