MPEP Section 2670, Clerical Handling

Executive summary:

This document contains Section 2670 ("Clerical Handling ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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2670 Clerical Handling [R-7]

Central Reexamination Unit (CRU) support staff, will carry out clerical handling and processing of inter partes reexamination cases. The clerical staff will perform all PALM matters needed for the case, e.g., PALMing in the file and PALMing it to the examiner. After the examiner has completed a decision on the request for inter partes reexamination and/or an Office action, the clerical staff will make a copy of the decision and/or Office action for the patent owner and for the third party requester(s). The clerical staff will also make copies of any references which are needed. A transmittal form PTOL-2070 with the third party requester's address will be completed. The clerical staff will coordinate its activities with those of the examiner and the **>CRU Supervisory Patent Examiners (SPEs) or Technology Center (TC) Quality Assurance Specialists (QASs) and the< paralegals.

Amendments in an inter partes reexamination proceeding (which comply with 37 CFR 1.941) are entered by the CRU clerical staff.

See MPEP § 2234 and § 2250 for manner of entering amendments.

For entry of amendments in a merged inter partes reexamination proceeding (i.e., an inter partes reexamination proceeding merged with another reexamination proceeding or with a reissue application), see MPEP § 2686.01 and § 2686.03.

Where an amendment is submitted in proper form and it is otherwise appropriate to enter the amendment, the amendment will be entered for purposes of the reexamination proceeding, even though the amendment does not have legal effect until the certificate is issued. Any "new matter" amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A "new matter" amendment to the drawing is ordinarily not entered. See MPEP § 608.04, § 608.04(a) and § 608.04(c). Where an amendment enlarges the scope of the claims of the patent, the claims will be rejected under 35 U.S.C. 314(a).