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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 37 - Patents, Trademarks, and Copyrights |
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Chapter I - United States Patent and Trademark Office, Department of Commerce |
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SubChapter A - General |
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Part 1 - Rules of Practice in Patent Cases |
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Subpart H - Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999 |
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Appeal to the Board of Patent Appeals and Interferences in Inter Partes Reexamination |
§ 1.963 - Time for filing briefs in inter partes reexamination.
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(a)An appellant's brief in an
inter partes reexamination must be filed no later than two months from the latest filing date of the last-filed notice of appeal or cross appeal or, if any party to theinter partes reexamination is entitled to file an appeal or cross appeal but fails to timely do so, the expiration of time for filing (by the last party entitled to do so) such notice of appeal or cross appeal. The time for filing an appellant's brief may not be extended.(b) Once an appellant's brief has been properly filed, any brief must be filed
by respondent within one month from the date of service of the appellant's brief. The time for filing a respondent's brief may not be extended. (c) The examiner will consider both the appellant's and respondent's briefs and may prepare an examiner's answer under § 1.969.
(d) Any appellant may file a rebuttal brief under § 1.971 within one month of the date of the examiner's answer. The time for filing a rebuttal brief may not be extended.
(e) No further submission will be considered and any such submission will be treated in accordance with § 1.939.