37 C.F.R. § 1.902
Processing of prior art citations during an inter partes reexamination proceeding
Citations by the patent owner in accordance with § 1.933 and by an inter partes reexamination third party requester under § 1.915 or § 1.948 will be entered in the inter partes reexamination file. The entry in the patent file of other citations submitted after the date of an order for reexamination pursuant to § 1.931 by persons other than the patent owner, or the third party requester under either § 1.913 or § 1.948, will be delayed until the inter partes reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate. See § 1.502 for processing of prior art citations in patent and reexamination files during an ex parte reexamination proceeding filed under § 1.510.
Notes of Decisions
Cited in 2
cases, 2008–2013 · leading case: Cooper Technologies Co. v. Dudas
Cooper Technologies Co. v. Dudas (2008)
“In response to the comment, the Patent Office amended the title of Subpart H ( 37 C.F.R. §§ 1.902 to 1.997), to add the parenthetical notation “Applicable to any Patent that Issues from an Original Application Filed in the United States on or after November 29,1999.”
Abbott Laboratories v. Cordis Corporation (2013)
“See 37 C.F.R. §§ 1.902 -.997 (2005). The PTO’s regulations indeed specifically exclude appeals of inter partes reexaminations (the only stage of the reexamination occurring before the Board) from the category of Board proceedings in which depositions are allowed by defining such…”
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