[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.