Page:United States Statutes at Large Volume 113 Part 2.djvu/1087

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-569 the patent owner's response thereto, if those written comments are received by the Office within 30 days after the date of service of the patent owner's response, "(c) SPECIAL DISPATCH.— Unless otherwise; provided by the Director for good cause, all inter partes rexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office. "§315. Appeal "(a) PATENT OWNER. —The patent owner involved in an inter partes rexamination proceeding under this chapter— "(1) may appeal under the provisions of section 134 and may appeal under the provisions of sections 141 through 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent; and "(2) may be a party to any appeal taken by a third-party requester under subsection (b). "(b) THIRD-PARTY REQUESTER. —A third-party requester may— "(1) appeal under the provisions of section 134 with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or "(2) be a party to any appeal taken by the patent owner under the provisions of section 134, subject to subsection (c). "(c) CIVIL ACTION.— ^A third-party requester whose request for an inter partes rexamination results in an order under section 313 is estopped from asserting at a later time, in any civil action arising in whole or in part under section 133£i of title 28, United States Code, the invalidity of any claim finally determined to be VEdid and patentable on any ground which the tMrd-party requester raised or could have raised during the inter partes rexamination proceedings. This subsection does not prevent the assertion of invalidity based on newly discovered prior art unavailable to the thirdparty requester and the Patent and Trademark Office at the time of the inter partes rexamination proceedings. " §316. Certificate of patentability, unpatentability, and claim cancellation "(a) IN GENERAL. —In an inter partes rexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director shall issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claimi of the patent determined to be patentable, and incorporating in the patent any proposed amended or new claim determined to be patentable. "(b) AMENDED OR NEW CLAIM. —Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes rexamination proceciding shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made,, purchased, or used within the United States, or imported into the United States, any- thing patented by such proposed amended or new claim, or who made substantial preparation therefor, prior to issuance of a certificate under the provisions of subsection (a) of this section.

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