What is the process for expunging papers in reexamination proceedings?
To request the expungement of papers in reexamination proceedings, you need to file a petition under 37 CFR 1.59. The MPEP states:
“Petitions under 37 CFR 1.59 to expunge papers (further delegated to SPRS).”
This means that:
- The petition should be filed citing 37 CFR 1.59 as the basis for the request to expunge papers.
- The decision on such petitions is delegated to the Supervisory Patent Reexamination Specialists (SPRS) in the Central Reexamination Unit.
When filing a petition to expunge papers, it’s crucial to provide a clear explanation of why the papers should be removed from the record. The USPTO will consider factors such as whether the information is material to patentability and whether its removal would be in the public interest.
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