Inquiries from Persons Other Than the Patent Owner

37 CFR 1.601 Filing of papers in supplemental examination.

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(b) Any party other than the patent owner

(

i.e.,

any third party) is prohibited from filing papers

or otherwise participating in any manner in a supplemental examination

proceeding.

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37 CFR

1.601(b)

prohibits third parties from filing papers or otherwise

participating in any manner in a supplemental examination proceeding. In addition,

because only the patent owner can file the request for supplemental examination,

third-party participation is prohibited in any

ex parte

reexamination

ordered under

35 U.S.C. 257

and

37 CFR

1.625

, pursuant to

ex parte

reexamination

practice.

Office personnel, including both the examining and the

technical support staff, should not enter into a discussion with, or answer inquiries

from, third parties (i.e., parties who are not the patent owner) regarding a

supplemental examination proceeding. A party who is not the patent owner should be

referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination

Specialist (SPRS) in the art unit of the assigned examiner.

Only questions on

strictly general procedural matters regarding supplemental examination, i.e., not

directed to any specific supplemental examination proceeding, may be discussed by the

CRU SPRS with that party

.

Employees of the Office, particularly CRU examiners who

have conducted a supplemental examination proceeding that has been concluded, should not

discuss or answer inquiries from any person outside the Office as to whether a certain

reference or other particular evidence was considered during the proceeding, and whether

that reference, or other evidence, would have been determined to raise a substantial new

question of patentability, had it been considered during the proceeding. Patent

practitioners (or other members of the public) must not address improper inquiries to

members of the patent examining corps and to the Office as a whole

or other particular evidence was considered during the proceeding, and whether

that reference, or other evidence, would have been determined to raise a substantial new

question of patentability, had it been considered during the proceeding. Patent

practitioners (or other members of the public) must not address improper inquiries to

members of the patent examining corps and to the Office as a whole. Inquiries from

members of the public relating to the matters discussed above must, of necessity, be

refused and this refusal should not be considered discourteous or an expression of

opinion by the Office as to the validity, patentability, or enforceability of the

patent.

The definitions set forth in

37 CFR 104.1

and

the exceptions in

37

CFR 104.21

are applicable to this section.