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4 Written questions

3 Multiple choice questions

  1. Different in 7 ways:
    1. applicable only to patents issuing from apps filed on or after 11/29/99
    2. if requestq is granted, first OA is mailed with the order granting request
    3. if request is denied, partial refund
    4. no interviews are permitted during inter parts reexam
    5. 3rd party requestor may respond to patent owner's reply to each OA
    6. 3rd party requestor may appeal to the Board or participate in patent owner's appeal Board
    7. a party who has previously requested an inter partes reexam in which a final decision favorable to the patentability of a claim is estopped from later Court action on the basis of issues raised or issues that could have been raised in the inter partes reexam
  2. may be merged or one proceeding suspended until the other concluded; if merged with reissue, inter partes rules govern, but requestor can participate; identical papers filed and same claims must be pending in both files, and reissue patent also serves as the reexam certificate
  3. Essentially the same as ex parte reexam except includes rule 1.20(c)(2) fee of $8,800--no small entity; certification that R907 estoppel does not apply, and must identify the real party who is making request

3 True/False questions

  1. Strict 9 Step Appeal Proceduremay be merged or one proceeding suspended until the other concluded; if merged with reissue, inter partes rules govern, but requestor can participate; identical papers filed and same claims must be pending in both files, and reissue patent also serves as the reexam certificate

          

  2. Reexamination Interferencemay be merged or one proceeding suspended until the other concluded; if merged with reissue, inter partes rules govern, but requestor can participate; identical papers filed and same claims must be pending in both files, and reissue patent also serves as the reexam certificate

          

  3. What happens if there are multiple reexams?1. the patent owner
    2. party who previously lost in a court action on a validity challenge to the patent on the basis of issues raised or issues that could have been raised
    3. a party who has previously requested an inter partes reexam which has been granted and is still pending
    4. a party who has previously requested an inter partes reexam in which a final decision favorable to the patentability of a claim was made on the basis of issues raised (or could have been) on previous request

          

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