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4 Written questions

3 Multiple choice questions

  1. Commissioner is empowered to suspend one proceeding until the other is concluded
  2. YES
    like ex parte reexam
  3. 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 True/False questions

  1. Who may not request Inter Partes Reexamination?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

          

  2. How is Inter Partes Reexammination Different from Ex 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

          

  3. Strict 9 Step Appeal ProcedureCommissioner is empowered to suspend one proceeding until the other is concluded