2602 Citation of Prior Art
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Citations by the patent owner in accordance with § 1.933 and by an inter partes reexamination third party requester under § 1.915 or § 1.948 will be entered in the inter partes reexamination file. The entry in the patent file of other citations submitted after the date of an order for reexamination pursuant to § 1.931 by persons other than the patent owner, or the third party requester under either § 1.913 or § 1.948, will be delayed until the inter partes reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate. See § 1.502 for processing of prior art citations in patent and reexamination files during an ex parte reexamination proceeding filed under § 1.510.
Citations by the patent owner and by an inter partes reexamination third party requester will be entered in the inter partes reexamination file.
- The entry in the patent file of other citations submitted after the date of an order for reexamination by persons other than the patent owner, or the third party requester, will be delayed until the inter partes reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate.
Where an inter partes reexamination proceeding is pending when a prior art citation is filed, the following applies:
- If the prior art citation satisfies 37 CFR 1.501 and was submitted prior to an order for reexamination, the cited documents (citations) will be considered in an inter partes reexamination proceeding as a prior art citation would be considered in an ex parte reexamination proceeding.
- If the prior art citation satisfies 37 CFR 1.501 and is submitted after an order for reexamination, the citation will be treated as follows:
- A patent owner citation will normally be considered if it is submitted in time to do so before the reexamination certificate issues.
- A third party requester citation will be considered if it is submitted as part of a third party requester comments submission, or in a properly filed request for reexamination (whose art is subject to consideration in the ongoing inter partes reexamination being examined).
- Any other prior art citation satisfying 37 CFR 1.501 which is submitted after an order to reexamine will be retained (stored) until the reexamination is concluded by the issuance and publication of a reexamination certificate, after which it will be placed in the file of the patent.
