37 CFR 1.931 — Order for inter partes reexamination
Ninth Edition, Revision 01.2024
- (a) If it is found that there is a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request, the determination will include an order for inter partes reexamination of the patent for resolution of the question of whether the requester will prevail.
- (b) If the order for inter partes reexamination resulted from a petition pursuant to § 1.927 , the inter partes reexamination will ordinarily be conducted by an examiner other than the examiner responsible for the initial determination under § 1.923 .
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (a) revised, 76 FR 59055, Sept. 23, 2011, effective Sept. 23, 2011]
Cited authority
Cited by
- 1449.01 Concurrent Office Proceedings
- 2202 Citation of Prior Art and Written Statements
- 37 CFR 1.902 Processing of prior art citations during an inter partes reexamination proceeding
- 37 CFR 1.905 Submission of papers by the public in inter partes reexamination
- 37 CFR 1.907 Inter partes reexamination prohibited
- 37 CFR 1.991 Merger of concurrent reissue application and inter partes reexamination proceeding
- 37 CFR 1.997 Issuance and publication of inter partes reexamination certificate concludes inter partes reexamination proceeding