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2689 Reexamination Review [R-2] - 2600 Optional Inter Partes Reexamination
2689 Reexamination Review [R-2]
After a reexamination case is acted on by the examiner and all Technology Center (TC) clerical processing is completed, the case is forwarded to the office of the TC Special Program Examiners (SPRE). The TC SPRE (with the aid of the paralegals or other technical support who might be assigned as backup) will then (A) procedurally review the examiner's action for compliance with the applicable provisions of the reexamination statute and regulations, and with reexamination policy, practice and procedure, (B) do a completeness review of the action to ensure that all issues and arguments raised by all parties are appropriately developed, considered and addressed, and that all materials of the action (e.g., references, forms and cover sheets) are present and appropriately completed and (C) arrange for the file to be PALMed out and hand-carried directly to the Central Reexamination Unit (CRU). In the CRU, the Reexamination Legal Advisor (RLA) will do a general review of the examiner's action for correct application of reexamination law, rules, procedure and policy.
In addition to the SPRE review of the reexamination cases, a patentability review is made in a sample of reexamination cases by the TC Quality Assurance Specialist (QAS) in the manner previously carried out by the former Office of Patent Quality Review.
After a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) has been issued and prosecution has been terminated, the reexamination case is screened in the CRU for obvious errors and proper preparation, in order to issue a reexamination certificate. The above identified review processes are appropriate vehicles for providing information on the uniformity of practice, identifying problem areas and providing feedback to the TC personnel that process and examine reexamination cases.
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