Can supplemental responses be filed in ex parte reexamination proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Supplemental responses in ex parte reexamination proceedings are addressed in 37 CFR 1.111(a)(2) . While they are not entered as a matter of right, the Office may enter a supplemental response if it is clearly limited to specific circumstances: Cancellation of claims Adoption of examiner suggestions Placing the proceeding in condition for Notice of Intent to Issue Reexamination Certificate (NIRC) Responding to an Office requirement made after the first response Correction of informalities Simplification of issues for appeal The MPEP states: “ When a supplemental response is filed in sufficient time to be entered into the reexamination proceeding before the examiner considers the prior response, the examiner may approve the entry of a supplemental response if, after a cursory review, the examiner determines that the supplemental response is limited to meeting one or more of the conditions set forth in 37 CFR 1.111(a)(2)(i). “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Response Before Examiner Review MPEP 2266 Permitted Ex Parte Reexamination Proceedings Conducted with Special Dispatch MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Extension Request for Third Party Ex Parte Reexamination MPEP 2266 Supplemental Response Must Meet Specific Conditions MPEP 2266 Permitted Response Requirement for Ex Parte Reexamination MPEP 2266 Extension Request for Ex Parte Reexamination MPEP 2266 Required Time for Patent Owner Action in Ex Parte Reexamination Cannot Be Extended Beyond Two Months Without Sufficient Cause MPEP 2266 T...