When does the Central Reexamination Unit (CRU) retain jurisdiction in inter partes reexamination?

The Central Reexamination Unit (CRU) retains jurisdiction over the inter partes reexamination proceeding until specific conditions are met. According to MPEP 2679: “jurisdiction over the inter partes reexamination proceeding (i.e., to consider briefs, conduct an appeal conference, draft an examiner’s answer, and decide the entry of amendments, evidence, and information disclosure statements filed after the…

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Can I withdraw a Pre-Appeal Brief Review Request?

The MPEP does not provide a specific provision for withdrawing a Pre-Appeal Brief Review Request. However, it does state that certain actions by the applicant will terminate the panel’s review: The panel’s review will be terminated if the applicant files any of the following responses after filing a request, but prior to a decision by…

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What role does the supervisory patent examiner (SPE) play in reopening prosecution after appeal?

The supervisory patent examiner (SPE) plays a crucial role in the process of reopening prosecution after an appeal has been filed. Their responsibilities include: Approval of new grounds of rejection: The SPE must approve any new ground of rejection that is not necessitated by an amendment to the claims. Recording reasons: The SPE must record…

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Can an appeal be reinstated after filing an RCE?

No, an appeal cannot be reinstated after filing a Request for Continued Examination (RCE). The MPEP 1204.01 clearly states: “The filing of an RCE under 37 CFR 1.114 , including an RCE filed with a submission and fee under 37 CFR 1.17(e) , will be treated as a withdrawal of the appeal.” Once an RCE…

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