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Manual of Patent Examining Procedure - MPEP2200 Citation of Prior Art and Ex Parte Reexamination of Patents2237 Transfer ProcedureAlthough the number of reexamination requests which must be transferred should be very small, the following procedures have been established for an expeditious resolution of any such problems. A reexamination request is normally assigned (in the Central Reexamination (CRU) of the Office of Patent Legal Administration (OPLA)) to the art unit which examines the class and subclass in which the patent to be reexamined is currently classified as an original. If the supervisory patent examiner (SPE) believes that the reexamination should be assigned to another art unit, he or she must obtain the consent of the SPE of the art unit to which a transfer is desired. Pursuant to 35 U.S.C. 305, all ex parte reexamination proceedings must be conducted with special dispatch within the Office. This applies to the transfer of reexamination proceedings. Accordingly, the SPE to whose art unit the reexamination has been assigned should expeditiously make any request for transfer of a reexamination proceeding by e-mailing the request for transfer to the SPE of the art unit to which a transfer is desired (the "new" art unit). A "cc" of the e-mail is to be provided to the Special Program Examiner (SPREs) of the Technology Centers (TCs) involved in the transfer request and to the CRU of OPLA. The SPE to whose art unit the reexamination has been assigned should, further hand-carry any paper patent file for the reexamination proceeding to the SPE of the art unit to which a transfer is desired. Any conflict which cannot be resolved by the SPEs will be resolved by the TC Directors involved. If the "new" art unit accepts assignment of the reexamination request, the "new" SPE assigns the request to an examiner, and the "new" TC's reexamination clerk PALMs in the request. In addition, the Offices of the SPRE for the TCs involved in the transfer request must be notified of the transfer by the respective SPEs. |