§ 1.981 Reopening after decision by the Board of Patent Appeals and Interferences in - PATENT RULES

§ 1.981 Reopening after decision by the Board of Patent Appeals and Interferences in inter partes reexamination.

Cases which have been decided by the Board of Patent Appeals and Interferences will not be reopened or reconsidered by the primary examiner except under the provisions of § 1.977 without the written authority of the Commissioner, and then only for the consideration of matters not already adjudicated, sufficient cause being shown.

[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001]

PATENT OWNER APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT IN INTER PARTES REEXAMINATION

§ 1.983 Patent owner appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination.

(a) The patent owner in a reexamination proceeding who is dissatisfied with the decision of the Board of Patent Appeals and Interferences may, subject to § 1.979(e), appeal to the U.S. Court of Appeals for the Federal Circuit. The appellant must take the following steps in such an appeal:

(1) In the U. S. Patent and Trademark Office, file a timely written notice of appeal directed to the Commissioner in accordance with §§ 1.302 and 1.304; and

(2) In the Court, file a copy of the notice of appeal and pay the fee, as provided for in the rules of the Court.

[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001]

CONCURRENT PROCEEDINGS INVOLVING SAME PATENT IN INTER PARTES REEXAMINATION

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