The USPTO may, in its sole discretion, make limited telephone calls during inter partes reexamination proceedings. According to MPEP 2685, “The Office may, in its sole discretion, telephone a party as to matters of completing or correcting the record of a file, where the subject matter discussed does not go to the merits of the…

When the USPTO makes a telephone call during an inter partes reexamination proceeding, it must be properly documented. The MPEP 2685 states: “If the party is reached by telephone and the matter is resolved, then the next Office communication as may be appropriate (e.g., Office action, NIRC) should make the telephone call of record. Any…