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2680 Oral Hearing [Added R-2] - 2600 Optional Inter Partes Reexamination
2680 Oral Hearing [Added R-2]
37 CFR 1.973 Oral hearing in inter partes reexamination.
(a) An oral hearing in an inter partes reexamination appeal should be requested only in those circumstances in which an appellant or a respondent considers such a hearing necessary or desirable for a proper presentation of the appeal. An appeal decided without an oral hearing will receive the same consideration by the Board of Patent Appeals and Interferences as an appeal decided after oral hearing.
(b) If an appellant or a respondent desires an oral hearing, he or she must file a written request for such hearing accompanied by the fee set forth in § 1.17(d) within two months after the date of the examiner's answer. The time for requesting an oral hearing may not be extended.
(c) An oral argument may be presented at oral hearing by, or on behalf of, the primary examiner if considered desirable by either the primary examiner or the Board of Patent Appeals and Interferences.
(d) If an appellant or a respondent has requested an oral hearing and has submitted the fee set forth in § 1.17(d), a hearing date will be set, and notice given to all parties to the reexamination proceeding, as well as the primary examiner. The notice shall set a non-extendable period within which all requests for oral hearing shall be submitted by any other party to the appeal desiring to participate in the oral hearing. A hearing will be held as stated in the notice, and oral argument will be limited to thirty minutes for each appellant and respondent who has requested an oral hearing, and twenty minutes for the primary examiner unless otherwise ordered before the hearing begins. No appellant or respondent will be permitted to participate in an oral hearing unless he or she has requested an oral hearing and submitted the fee set forth in § 1.17(d).
(e) If no request and fee for oral hearing have been timely filed by an appellant or a respondent, the appeal will be assigned for consideration and decision on the written record.
If an appellant or a respondent desires an oral hearing in an appeal of an inter partes reexamination proceeding, he/she must file a written request for such hearing, accompanied by the fee set forth in 37 CFR 1.17(d), within two months after the date of the examiner's answer. There is no extension of the time for requesting a hearing. 37 CFR 1.973(b). No appellant or respondent will be permitted to participate in an oral hearing, unless he or she has requested an oral hearing and submitted the fee set forth in 37 CFR 1.17(d).
In reexamination proceedings, oral hearings (on appeal) are open to the public as observers (subject to the admittance procedures established by the Board), unless one of the appellants and/or the respondents (A) requests that the hearing not be open to the public and (B) presents valid reasons for such a request.
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