What are the key components of an examiner’s answer in inter partes reexamination?

According to MPEP 2677, an examiner’s answer in an inter partes reexamination proceeding must include several key components in a specific order. These components are:

  • Real Party in Interest
  • Related Appeals and Interferences
  • Status of Claims
  • Status of Amendments
  • Summary of Claimed Subject Matter
  • Grounds of Rejection to be Reviewed on Appeal
  • Findings of Patentability to be Reviewed on Appeal
  • Claims Appendix
  • Evidence Relied Upon
  • Grounds of Rejection
  • Determinations of Patentability
  • No New Ground of Rejection or New Finding of Patentability
  • Response to Argument
  • Related Proceedings Appendix
  • Period for Providing a Rebuttal Brief

Each of these components serves a specific purpose in addressing the arguments presented in the appellant’s and respondent’s briefs and providing a comprehensive response to the issues raised in the appeal.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2677 - Examiner'S Answer, Patent Law, Patent Procedure
Tags: Appeal Process, examiner's answer, inter partes reexamination, patent examination