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2694 Terminated Reexamination Files [Added R-2] - 2600 Optional Inter Partes Reexamination
2694 Terminated Reexamination Files [Added R-2]
Inter partes reexamination proceedings may be terminated in one of three ways:
(A) The proceeding may be terminated by a denial of reexamination or vacating the reexamination proceeding. In either case, no reexamination certificate is issued. A terminated reexamination file in which reexamination has been denied or vacated should be forwarded to the Central Reexamination Unit (CRU) if the file is not already there. The CRU will process the file to provide the partial refund set forth in 37 CFR 1.26(c). The word "Terminated" will be written in green ink on the face of the file at the top, between the word "Reexamination" and the hand-written patent number. The reexamination file will then be given a 420 status (reexamination denied) or a 422 status (reexamination vacated) and forwarded to the Files Repository Unit for storage with the patent file.
(B) The proceeding may be terminated under 37 CFR 1.997(b) with the issuance of a reexamination certificate. A reexamination proceeding that is terminated in this manner should be processed as set forth in MPEP § 2687 and then forwarded to the CRU for review, mailing of the NIRC, and forwarding the file to the Office of Publication.
(C) The proceeding may be terminated under 37 CFR 1.997(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent serves as the certificate. A reexamination proceeding that is terminated in this manner should be processed, together with the reissue proceeding, as set forth in MPEP § 1455 and forwarded to the Office of Patent Legal Administration in accordance with MPEP § 1456.
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