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2664 Mailing of Office Action [Added R-2] - 2600 Optional Inter Partes Reexamination
2664 Mailing of Office Action [Added R-2]
The Technology Center (TC) does not mail the Office action for an inter partes reexamination case. After an Office Action is completed and processed in a TC, the TC's Special Program Examiner (SPRE) arranges for the case to be PALMed out of the TC and hand-carried directly to the Central Reexamination Unit (CRU). In the CRU, the Office action is given a general review by a Reexamination Legal Advisor (RLA) and (if proper) mailed by the CRU support staff. In conjunction with mailing, any appropriate processing (e.g., PALM work, update scanning) is carried out.
Inter partes reexamination forms are structured so that the PALM printer can be used to print the identifying information for the reexamination file and the mailing address (usually the address of the patent owner's attorney or agent of record). Where there is no attorney or agent of record, the patent owner's address is printed. Only the first owner's address is printed where there are multiple partial owners; a transmittal form PTOL-2070 is also provided for each partial owner in addition to the one named on the top of the Office action.
All actions in an inter partes reexamination proceeding will have a copy mailed to the third party requester. A transmittal form PTOL-2070 must be used in providing the third party requester with a copy of each Office action.
A completed transmittal form PTOL-2070 will be provided for each requester (there can be multiple requesters in a merged reexamination proceeding; see MPEP § 2686.01) and each additional partial owner as discussed above, and the appropriate address will be entered on the transmittal form(s). The number of transmittal forms provides a ready reference for the number of copies of each Office action to be made, and the transmittal form permits use of the window envelopes in mailing the copies of the action to parties other than the patent owner.
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