A prior post emphasized the importance of a well crafted petition in cases where the examiner determines that there is no SNQ in an inter partes reexamination request. Recall that the BPAI determined it had no jurisdiction to review of a determination that there was no SNQ (for certain claims) in inter partes reexamination control no. 95/001,089 (Belkin International v Optimumpath 95 001089).
An example of a successful petition (3PR petition here) can be found in inter partes reexamination control no. 95/001,461. On December 20, 2011, the Third Party Requester petitioned the order finding certain proposed SNQs cumulative to issues raised in the ex parte prosecution of the patent (U.S. Patent No. 7,213,762). The Director of the Central Reexamination Unit granted the petition on January 21, 2011(granted petition).
But note that the Patent Owner filed a “Patent Owner’s Petition to Vacate Director’s Decision” on February 14, 2011. And the Third Party Requester filed an “Opposition Under 37 CFR 1.182 and 1.183 to Patent Owner’s Petition to Vacate Director’s Decision” on March 11, 2011. So the Central Reexamination Unit has more petitions on this issue to consider. Stay tuned!