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2637 Transfer Procedure [Added R-2] - 2600 Optional Inter Partes Reexamination
2637 Transfer Procedure [Added R-2]
Although the number of reexamination requests which must be transferred should be very small, the following procedures have been established for an expeditious resolution of any such problems.
As pointed out in MPEP § 2636, an inter partes reexamination request is normally assigned in the Central Reexamination Unit (CRU) to the Art Unit which examines the class and subclass in which the patent to be reexamined is currently classified as an original. The CRU forwards the case to the Technology Center Special Program Examiner (TC SPRE). The TC SPRE then delivers the case to the Supervisory Patent Examiner (SPE). At that point, if the SPE believes that the reexamination should be assigned to another art unit, he/she must obtain the consent of the SPE of the art unit to which a transfer is desired (the "new" art unit). The reexamination file is then delivered to the TC having the "new" art unit for processing.
Any conflict which cannot be resolved by the SPEs will be resolved by the TC Directors involved.
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