¶ 26.01    New Question of Patentability

A substantial new question of patentability affecting claim [1] of United States Patent Number [2] is raised by the present request for inter partes reexamination.

Extensions of time under 37 CFR 1.136( a) will not be permitted in inter partes reexamination proceedings because the provisions of 37 CFR 1.136  apply only to "an applicant" and not to the patent owner in a reexamination proceeding. Additionally, 35 U.S.C. 314( c) requires that inter partes reexamination proceedings "will be conducted with special dispatch" (37 CFR 1.937 ). Patent owner extensions of time in inter partes reexamination proceedings are provided for in 37 CFR 1.956. Extensions of time are not available for third party requester comments, because a comment period of 30 days from service of patent owner’s response is set by statute. 35 U.S.C. 314( b)(3).