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4 Written questions

3 Multiple choice questions

  1. 1.3rd 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
  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. 1.appeal brief - due two months from notice of appeal
    2.respondent's brief- due one month from service of appeal brief
    3.examiner's answer: no new grounds fro rejection (or reopen pros)
    4. rebuttul brief- due one month from examiner's answer
    5.request fro oral hearing-due 2 months from examiner's answer
    6 oral arguement-20 mins for examiner and 30 mins for each partyt
    7. decision by Board
    8. petition for rehearing due one month from initial decision
    9. appeal to federal circuit by patent owner

3 True/False questions

  1. Reexamination-LitigationCommissioner has discretion whether to suspend in view of litigation; patent owner may seek stay of court action until reexam is terminated

          

  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. Request for, and Service of, Inter Partes ReexaminationEssentially 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