MPEP Section 2225, Untimely Paper Filed Prior to Order

Executive summary:

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2225 Untimely Paper Filed Prior to Order

After filing of a request for ex parte reexamination, no papers directed to the merits of the reexamination other than (A) citations of patents or printed publications under 37 CFR 1.501 or 37 CFR 1.555, (B) another complete request under 37 CFR 1.510 or 37 CFR 1.915, or (C) notifications pursuant to MPEP § 2282, should be filed with the Office prior to the date of the decision on the request for reexamination. Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501, 1.555 or 1.915, or MPEP § 2282, filed prior to the decision on the request will be returned to the sender by the >Central Reexamination Unit or< Technology Center Director without consideration. A copy of the letter accompanying the returned papers will be made of record in the patent file. However, no copy of the returned papers will be retained by the Office. If the submission of the returned papers is appropriate later in the proceedings, they will be accepted by the Office at that time. See Patlex Corp. v. Mossinghoff, 771 F.2d 480, 226 USPQ 985, 989 (Fed. Cir. 1985); In re Knight, 217 USPQ 294 (Comm'r Pat. 1982) and In re Amp, 212 USPQ 826 (Comm'r Pat. 1981).