¶ 26.68    Lack of Service in inter partes examination-37 CFR 1.903 

The submission filed [1] is defective because it appears that the submission was not served on [2]. After the filing of a request for inter partes reexamination by a third party requester, any document filed by either the patent owner or the third party requester must be served on the other party (or parties where two third party requester proceedings are merged) in the inter partes reexamination proceeding in the manner provided in 37 CFR 1.248. See 37 CFR 1.903. 

It is required that service of the submission be made, and a certificate of service be provided to the Office, within ONE MONTH from the date of this letter or within the time remaining in the response period of the last Office action (if applicable), whichever is longer.

Examiner Note:

1. This paragraph may be used where a submission to the Office was not served as required in an inter partes reexamination proceeding.

2. In bracket 2, insert "patent owner" or "third party requester," whichever is appropriate.