How are affidavits treated after an Action Closing Prosecution (ACP) in inter partes reexamination?
According to MPEP 2673, affidavits submitted after an Action Closing Prosecution (ACP) in inter partes reexamination are treated similarly to amendments submitted after an ACP. The MPEP states:
“Affidavits submitted after an ACP are subject to the same treatment as amendments submitted after an ACP. This is analogous to the treatment of affidavits submitted after a final rejection in an application.”
This means that affidavits submitted after an ACP will be subject to the same scrutiny and limitations as amendments. They may not be entered as a matter of right and will be evaluated by the examiner to determine if they raise new issues or require more than cursory review.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2673 - Examiner Consideration Of Submissions After Acp And Further Action,
Patent Law,
Patent Procedure