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 2684    Information Material to Patentability in Reexamination Proceeding  

MPEP SECTION SUMMARY

Duty of disclosure considerations as to inter partes reexamination proceedings parallel those of ex parte reexamination proceedings.


(a) Each individual associated with the patent owner in an inter partes reexamination proceeding has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding as set forth in § 1.555(a) and (b). The duty to disclose all information known to be material to patentability in an inter partes reexamination proceeding is deemed to be satisfied by filing a paper in compliance with the requirements set forth in § 1.555(a) and (b).
(b) The responsibility for compliance with this section rests upon the individuals designated in paragraph (a) of this section, and no evaluation will be made by the Office in the reexamination proceeding as to compliance with this section. If questions of compliance with this section are raised by the patent owner or the third party requester during a reexamination proceeding, they will be noted as unresolved questions in accordance with § 1.906(c).


 2685    No Interviews on Merits in Inter Partes Reexamination Proceedings

MPEP SECTION SUMMARY

There will be no interviews in an inter partes reexamination proceeding which discuss the merits of the proceeding. The Office may, in its sole discretion, telephone a party as to matters of completing or correcting the record of a file, where the subject matter discussed does not go to the merits of the reexamination proceeding.

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» 2686 Notification of Existence of Prior or Concurrent Proceedings and Decisions Thereon