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4 Written questions

3 Multiple choice questions

  1. Commissioner has discretion whether to suspend in view of litigation; patent owner may seek stay of court action until reexam is terminated
  2. 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. Commissioner is empowered to suspend one proceeding until the other is concluded

3 True/False questions

  1. What happens if there are multiple reexams?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. 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. 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