37 CFR 1.945: Response to Office action by patent owner in inter partes reexamination

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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1.945    Response to Office action by patent owner in inter partes reexamination.

  • (a) The patent owner will be given at least thirty days to file a response to any Office action on the merits of the inter partes reexamination.
  • (b) Any supplemental response to the Office action will be entered only where the supplemental response is accompanied by a showing of sufficient cause why the supplemental response should be entered. The showing of sufficient cause must include:
    • (1) An explanation of how the requirements of § 1.111(a)(2)(i) are satisfied;
    • (2) An explanation of why the supplemental response was not presented together with the original response to the Office action; and
    • (3) A compelling reason to enter the supplemental response.
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]