[Code of Federal Regulations] [Title 37, Volume 1] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 37CFR1.973] [Page 218-219] TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS DEPARTMENT OF COMMERCE PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents Subpart H--Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999 Sec. 1.973 Oral hearing in inter partes reexamination. (a) An oral hearing in an inter partes reexamination appeal should be requested only in those circumstances in which an appellant or a respondent considers such a hearing necessary or desirable for a proper presentation of the appeal. An appeal decided without an oral hearing will receive the same consideration by the Board of Patent Appeals and Interferences as an appeal decided after oral hearing. (b) If an appellant or a respondent desires an oral hearing, he or she must file a written request for such hearing accompanied by the fee set forth in Sec. 1.17(d) within two months after the date of the examiner's answer. The time for requesting an oral hearing may not be extended. (c) An oral argument may be presented at oral hearing by, or on behalf of, the primary examiner if considered desirable by either the primary examiner or the Board of Patent Appeals and Interferences. (d) If an appellant or a respondent has requested an oral hearing and has submitted the fee set forth in Sec. 1.17(d), a hearing date will be set, and notice given to all parties to the reexamination proceeding, as well as the primary examiner. The notice shall set a non-extendable period within which all requests for oral hearing shall be submitted by any other party to the appeal desiring to participate in the oral hearing. A hearing will be held as stated in the notice, and oral argument will be limited to thirty minutes for each appellant and respondent who has requested an oral hearing, and twenty minutes for the primary examiner unless otherwise ordered before the hearing begins. No appellant or respondent will be permitted to participate in an [[Page 219]] oral hearing unless he or she has requested an oral hearing and submitted the fee set forth in Sec. 1.17(d). (e) If no request and fee for oral hearing have been timely filed by an appellant or a respondent, the appeal will be assigned for consideration and decision on the written record.