37 CFR 1.957
Failure to file a timely, appropriate or complete response or comment in inter partes reexamination.
This document contains one section of Chapter 37 of the Code of Federal Regulations.
This page was last updated in November, 2005. You may return to
the main 37 CFR Index, or to the index
for one of the follow parts:
part 1 (patents);
part 2 (trademarks);
part 3 (assignments);
part 10 (representation); or
part 200+ (copyrights).
Previous Section (§1.956) | Next Section (§1.958)
§1.957 Failure to file a timely, appropriate or complete response or comment in inter partes reexamination.
If the third party requester files an untimely or inappropriate comment, notice of appeal or brief in an inter partes reexamination, the paper will be refused consideration.
If no claims are found patentable, and the patent owner fails to file a timely and appropriate response in an inter partes reexamination proceeding, the reexamination proceeding will be terminated and the Director will proceed to issue a certificate under § 1.997
in accordance with the last action of the Office.
If claims are found patentable and the patent owner fails to file a timely and appropriate response to any Office action in an inter partes reexamination proceeding, further prosecution will be limited to the claims found patentable at the time of the failure to respond, and to any claims added thereafter which do not expand the scope of the claims which were found patentable at that time.
When action by the patent owner is a bona fide attempt to respond and to advance the prosecution and is substantially a complete response to the Office action, but consideration of some matter or compliance with some requirement has been inadvertently omitted, an opportunity to explain and supply the omission may be given.