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2267 Handling of Inappropriate or Untimely Filed Papers [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2267 Handling of Inappropriate or Untimely Filed Papers [R-2]
The applicable regulations ( 37 CFR 1.501(a), 1.550(e)) provide that certain types of correspondence will not be considered or acknowledged unless timely received. ** >Whenever reexamination correspondence is received, a decision is required of the Office as to the action to be taken on the correspondence based on what type of paper it is and whether it is timely.<
The return of inappropriate submissions complies with the regulations that certain papers will not be considered and also reduces the amount of paper which would ultimately have to be stored with the patent file.
>I. < DISPOSITION OF PAPERS
Where papers are filed during reexamination proceedings which are inappropriate because of some defect, such papers will either be returned to the sender or forwarded to one of three files, the "Reexamination File," the "Patent File," or the "Storage File." Any papers returned to the sender from a Technology Center (TC) must be accompanied by a letter indicating signature and approval of the TC Director.
The "Reexamination File" and the "Patent File" will remain together in a central storage area prior to the examiner taking up the case for a determination on whether to reexamine. After the files have been forwarded to the examiner for the determination, the "Patent File" will be maintained in the assigned examiner' s room until the reexamination proceeding is terminated.
The "Storage Files" will be maintained separate and apart from the other two files at a location selected by the TC Director. For example, the TC Director may want to locate the "Storage File" in a central area in the TC as with the reexamination clerk or in his or her room.
>II. < TYPES OF PAPERS RETURNED WITH * >DIRECTOR OF THE USPTO< OR TC DIRECTOR'S APPROVAL REQUIRED
>
III. < TYPES OF DEFECTIVE PAPERS TO BE LOCATED IN THE "REEXAMINATION FILE"
IV. < PAPERS LOCATED IN THE "STORAGE FILE"
Proper timely filed citations by third parties (i.e., filed prior to the order) are placed in the **>reexamination file<.
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