How does the “special dispatch” requirement affect prior art submissions in ex parte reexamination?
The “special dispatch” requirement, as mandated by 35 U.S.C. 305, significantly affects prior art submissions in ex parte reexamination, especially after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been mailed. The MPEP explains:
“To automatically delay prosecution by pulling the proceeding from that process when such a submission has been filed, without more, would be contrary to the Office’s statutory mandate for ‘special dispatch’, as set forth in 35 U.S.C. 305.”
This requirement leads to strict conditions for submitting prior art after the NIRC, including providing a factual accounting for late submission, an unequivocal statement of unpatentability, and an amendment to address the issue. These conditions ensure that the reexamination process maintains its expedited nature while still allowing for the consideration of crucial information.
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