Can a third party requester participate in the appeal process of inter partes reexamination?

Can a third party requester participate in the appeal process of inter partes reexamination? Yes, a third party requester can participate in the appeal process of inter partes reexamination. MPEP 2674 outlines the rights and limitations of the third party requester in the appeal process: “The third party requester may file a respondent brief in…

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What are the required contents of a respondent brief in an inter partes reexamination?

The contents of a respondent brief are outlined in 37 CFR 41.68(b)(1). Key components include: Real Party in Interest statement Related Appeals, Interferences, and trials Status of claims Status of amendments Summary of claimed subject matter Issues to be reviewed on appeal Argument Evidence appendix Related proceedings appendix Certificate of service The MPEP emphasizes: “The…

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Can new evidence be included in a respondent brief?

No, new evidence cannot be included in a respondent brief during an inter partes reexamination appeal. The MPEP clearly states in reference to 37 CFR 41.68(b)(2): “A respondent brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other evidence.” This restriction ensures that the appeal process focuses on…

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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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