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2675.02 Informalities in One or More of the Briefs [Added R-2] - 2600 Optional Inter Partes Reexamination
2675.02 Informalities in One or More of the Briefs [Added R-2]
37 CFR 1.965 Appellant's brief in inter partes reexamination.
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(d) If a brief is filed which does not comply with all the requirements of paragraphs (a) and (c) of this section, appellant will be notified of the reasons for non-compliance and provided with a non-extendable period of one month within which to file an amended brief. If the appellant does not file an amended brief during the one-month period, or files an amended brief which does not overcome all the reasons for non-compliance stated in the notification, that appellant's appeal will stand dismissed.
37 CFR 1.967 Respondent's brief in inter partes reexamination.
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(c) If a respondent's brief is filed which does not comply with all the requirements of paragraphs (a) and (b) of this section, respondent will be notified of the reasons for non-compliance and provided with a non-extendable period of one month within which to file an amended brief. If the respondent does not file an amended brief during the one-month period, or files an amended brief which does not overcome all the reasons for non-compliance stated in the notification, the respondent brief will not be considered.
Where an appellant or respondent brief does not comply with all the requirements of 37 CFR 1.965(a) and (c) or 37 CFR 1.967(a) and (b), respectively, such as missing fee or missing portion of the fee, a missing signature, inappropriate signature, less than three copies of the brief, no proof of service on a party; the appropriate party should be notified of the reasons for non-compliance and provided with a nonextendable period of one month within which to file an amended brief. The reasons for non-compliance and/or the defect(s) will be pointed out to the appropriate party in one comprehensive action (notification). Form PTOL-2067 will be used as the cover sheet for the notification action. A separate PTOL-2067 with notification action will be sent to each party, where the brief(s) of more than one party are non-compliant and/or defective. Where the same party's appellant and respondent briefs are both informal, the examiner may combine the notifications for both into one notification action with PTOL-2067.
If an appellant does not file an amended appellant brief during the one-month period, or files an amended brief which does not overcome all the reasons for non-compliance or does not correct all defects stated in the notification, the appeal will stand dismissed as to that party.
If a respondent does not file an amended respondent brief during the one-month period, or files an amended brief which does not overcome all the reasons for non-compliance or does not correct all defects stated in the notification, the respondent brief will not be formally received into the record and will not be considered (though it will be placed in the file and given a paper number).
Where a party does timely file an amended brief and overcomes all the reasons for non-compliance and corrects all defects stated in the notification, the amended brief will be entered and will be considered along with the original appellant or respondent brief, when the case is taken up by the examiner.
The following form paragraphs should be used in drafting the notification:
¶ 26.09 Brief is Defective and/or is Not Complete
The [1] brief filed [2] by [3] is defective and/or is not complete as to the provisions of 37 CFR 1.965(a) and (c) (for appellant brief) or 37 CFR 1.967(a) and (b) (for respondent brief) for the following reasons:
Examiner Note
1. In bracket 1, fill in either "appellant" or "respondent".
2. In bracket 2, fill in the date the brief was filed.
3. In bracket 3, fill in either "the patent owner" or "the third party requester".
4. This form paragraph should be followed by a statement of all instances of non-compliance and all defects, and an explanation detailed enough for the party to understand how to deal with each non-compliance and defect noted in the letter.
5. One of form paragraphs or should be used at the end of this action.
¶ 26.10 Informal Appellant Brief-Period for Response Under 37 CFR 1.965(d)
Appellant, [1] is required to comply with the provisions of 37 CFR 1.965 (a) and (c) and to correct all defects noted in this letter as to the appellant brief. Appellant, [2] is given a period of ONE MONTH from the date of this letter or the time remaining in the original two month period (whichever is the longer) for filing an amended complete appellant brief. If an amended complete brief that fully complies with the requirements of this letter is not timely submitted, the appellant's appeal will be dismissed as of the date of expiration of the presently set time period. THE PERIOD FOR RESPONSE SET IN THIS LETTER CANNOT BE EXTENDED. 37 CFR 1.965(d).
Examiner Note
In brackets 1 and 2, fill in either "the patent owner" or "the third party requester".¶ 26.11 Informal Respondent Brief-Period for Response Under 37 CFR 1.967(c)
Respondent, [1] is required to comply with the provisions of 37 CFR 1.967(a) and (b) and to correct all defects noted in this letter as to the respondent brief. Respondent [2] is given a period of ONE MONTH from the date of this letter for filing an amended complete respondent brief. If an amended complete brief that fully complies with the requirements of this letter is not timely submitted, the respondent brief will not be formally received into the record and will not be considered. THE PERIOD FOR RESPONSE SET IN THIS LETTER CANNOT BE EXTENDED. 37 CFR 1.967(c).
Examiner Note
1. In brackets 1 and 2, fill in either "the patent owner" or "the third party requester".
2. In the case of the respondent brief, the new one month period will always extend longer than the original one month period, thus the longer of the two need not be given, as was done in form paragraph where the original period for the appellant brief is two months.
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