2813 Handling of Papers, Other Than a Request, in a Supplemental Examination Proceeding
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(b) The Office may hold in abeyance action on any petition or other paper filed in a supplemental examination proceeding until after the proceeding is concluded by the electronic issuance of the supplemental examination certificate as set forth in ยง 1.625.
(c) If an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not be entered into the official file or considered, or if inadvertently entered, it will be expunged.
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37 CFR 1.620(b) provides that the Office may hold in abeyance an action on any petition or other papers until after the proceeding is concluded.
- If an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not be entered into the office file or considered, or if inadvertently entered, it will be expunged.
After a request has received a filing date, no papers, except for a notice of prior or concurrent proceedings, should be filed in the supplemental examination.
- No third party papers are permitted because no party other than the patent owner from filing papers or participating in the supplemental examination proceeding.
Where papers are defective, such papers will be expunged.
An application data sheet cannot be submitted in a supplemental examination proceeding.
2813.01 Amendments
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(f) No amendment may be filed in a supplemental examination proceeding.
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