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2647.02 Processing of Decision [Added R-2] - 2600 Optional Inter Partes Reexamination
2647.02 Processing of Decision [Added R-2]
After the examiner has prepared the decision (and any Office action to accompany the decision) and signed the typed decision, the case is forwarded to the Technology Center (TC) clerical staff. The TC clerical staff prepares the decision (and any Office action) for mailing, but does not mail it. See MPEP § 2670.
The clerical staff will make a copy of the decision and any Office action for the patent owner and for the third party requester. The clerical staff will also make any copies of references which are needed. Thus, the clerical staff makes 3 copies of any prior art documents not already supplied by the third party requester, one for the file, one for the patent owner, and one for the third party requester.
After the case is prepared for mailing, the case file will be forwarded to the TC Special Program Examiner (SPRE) for review. Thereafter, the TC SPRE will arrange for the file to be PALMed out and hand-carried directly to the Central Reexamination Unit (CRU). The file is forwarded to the CRU for review and mailing within nine (9) weeks of the filing date of the request. The decision (and any Office action) is given a general review by a Reexamination Legal Advisor (RLA) and (if proper) mailed by the CRU support staff. The CRU staff prints the heading on the cover page (PTOL-2063) of the decision by using the computer terminal, attaches all parts of the decision, and mails it. Where the first Office action accompanies the decision, the heading is also printed on the cover page (PTOL-2064) of the first Office action, and the first Office action is mailed with the decision.
A transmittal form PTOL-501 with the third party requester's address will be completed (if a copy for mailing is not already in the case file). The transmittal form PTOL-501 is used to forward copies of Office actions and other communications to the third party requester. Whenever an Office action is issued, a copy of this form will be made and attached to a copy of the Office action. The use of this form removes the need to retype the third party requester's address each time a mailing is made.
The original signed copy of the decision, the original signed copy of any first Office action accompanying the decision, and a copy of any prior art enclosed are made of record in the reexamination file.
Where the decision is a grant of reexamination, the first Office action on the merits will ordinarily be prepared and mailed with the order granting reexamination. See MPEP § 2660.
After the CRU mails the decision, the file will be appropriately annotated, update scanning will be effected, and appropriate PALM entries will be made. The file will generally be stored in the central storage area of the CRU.
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