Are interviews permitted in merged reissue and inter partes reexamination proceedings?
No, interviews discussing the merits of the case are not permitted in merged reissue and inter partes reexamination proceedings. The MPEP states:
“Pursuant to 37 CFR 1.955, an interview which discusses the merits of a proceeding is not permitted in an inter partes reexamination proceeding. Thus, in a merged proceeding of an inter partes reexamination and a reissue application, there will be no inter partes interview as to the substance of the proceeding. Also, there will be no separate ex parte interview as to the substance of the proceeding with either the patent owner (the reissue applicant) or the third party requester (of the reexamination).”
All communications between the Office and the parties regarding the merits of the merged proceeding must be in writing and filed with the Office for entry into the record.
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