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4 Written questions

3 Multiple choice questions

  1. y may be merged or one proceeding suspended until the other concludes; if inter partes merged with ex parte reexam, inter partes rules govern, but ex part requestor get no additional rights, and one reexam certificate will issue
  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. 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

3 True/False questions

  1. 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

          

  2. Does patent owner need to disclose any other proceedings to examinerEssentially 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. 3rd Party Requestor Participation in Inter Partes Reexamination1.3rd party requestor may file wriiten comments, once, to patent owner's reply to each OA
    2. Must be filed within 30 days of receiveing service of patent owner's reply to OA
    3. no EOT
    4. written comment (50 max) must be limited to issues raised in OA & reply
    5.citations of additional prior art are limited to those necessart to respond to patent owner's reply and issues raised by examiner in OA

          

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