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2689 Reexamination Review [R-5] - 2600 Optional Inter Partes Reexamination
2689 Reexamination Review [R-5]
After a reexamination case is acted on by the examiner and all **>premailing< clerical processing is completed, the case is forwarded to the ** Special Program Examiners (SPRE). The * SPRE (with the aid of the paralegals or other technical support who might be assigned as backup) will then (A) procedurally review the examiner's action for compliance with the applicable provisions of the reexamination statute and regulations, and with reexamination policy, practice and procedure, (B) do a completeness review of the action to ensure that all issues and arguments raised by all parties are appropriately developed, considered and addressed, and that all materials of the action (e.g., references, forms and cover sheets) are present and appropriately completed and (C) **>hand carry any paper parts of the file directly to the Reexamination Legal Advisor (RLA). The RLA< will do a general review of the examiner's action for correct application of reexamination law, rules, procedure and policy.
In addition to the SPRE review of the reexamination cases, a **>panel review is made prior to issuing Office actions as set forth in MPEP § 2671.03.<
After a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) has been issued and prosecution has been terminated, the reexamination case is screened **>by the Office of Patent Legal Administration< for obvious errors and proper preparation, in order to issue a reexamination certificate. The above identified review processes are appropriate vehicles for providing information on the uniformity of practice, identifying problem areas and providing feedback to the *>Office< personnel that process and examine reexamination cases.
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