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2289 Reexamination Review [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents

2289 Reexamination Review [R-2]

All reexamination cases are monitored and reviewed in the Technology Center (TC) by the Office of the TC Special Program *>Examiners (SPRE)< (includes SPRE, paralegal or other technical support who might be assigned as backup) at several stages during the prosecution. >This is done to ensure that practice and procedure unique to reexamination has been carried out for the reexamination proceeding. 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.<

In order to ensure that SPREs are aware of the reexamination cases in their TCs, a pair of terminal-specific PALM flags have been created which must be set by the SPRE before certain PALM transactions can be completed. First, when a new reexamination request enters the TC, a SPRE must set a PALM *>"flag" by entering the reexamination control number in an Office-wide computer grouping< before a docketing transaction will be accepted. By having to set this first flag, the SPRE is made aware of the assignment of the reexamination case to the TC and can take steps, as may be appropriate, to instruct the examiner on reexamination-specific procedures before the determination process begins, as well as throughout the period that the examiner is handling the proceeding. Second, the SPRE must **>remove the above-described PALM "flag"< before the reexamination file can be given a reexamination terminated status and sent to the Office of Publications>. This is carried out for the purpose of< ensuring that the SPRE is informed when the reexamination case is being processed for Notice of Intent to Issue >Ex Parte< Reexamination Certificate (NIRC) so the SPRE may be able to conduct a final review of the file, if appropriate.

After leaving the TCs, all reexamination cases go through a screening process currently performed in the Office of Patent Legal Administration (OPLA) for obvious errors and proper preparation in order to issue a reexamination certificate. **

The ** >above identified review processes< are appropriate vehicles for correcting errors, identifying problem areas and recognizing trends, providing information on the uniformity of practice, and providing feedback to the *>TC personnel that process and examine reexamination cases<.

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