Editing MPEP 1900
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1.311 was mailed, whichever occurs first: | 1.311 was mailed, whichever occurs first: | ||
(1)If a protest is accompanied by the written consent of | |||
the applicant, the protest will be considered if the protest is | |||
matched with the application in time to permit review during prosecution. | |||
(2)A statement must accompany a protest that it is the | |||
first protest submitted in the application by the real party in interest | first protest submitted in the application by the real party in interest | ||
who is submitting the protest; or the protest must comply with | who is submitting the protest; or the protest must comply with | ||
paragraph (c)(5) of this section. This section does not apply to the | paragraph (c)(5) of this section. This section does not apply to the | ||
first protest filed in an application. | first protest filed in an application. | ||
(c) In addition to compliance with paragraphs (a) and (b) of | (c) In addition to compliance with paragraphs (a) and (b) of | ||
this section, a protest must include. | this section, a protest must include. | ||
(1)A listing of the patents, publication, or other information | |||
relied upon; | relied upon; | ||
(2)A concise explanation of the relevance of each item | |||
listed pursuant to paragraph (c)(1) of this section; | |||
(3)A copy of each listed patent, publication, or other | |||
thereof; | item of information in written form, or at least the pertinent portions | ||
thereof; | |||
(4)An English language translation of all the necessary | |||
or other item of information relied upon; and | and pertinent parts of any non-English language patent, publication, | ||
or other item of information relied upon; and | |||
(5)If it is a second or subsequent protest by the same | |||
party in interest, an explanation as to why the issue(s) raised in the | |||
second or subsequent protest are significantly different than those | second or subsequent protest are significantly different than those | ||
raised earlier and why the significantly different issue(s) were not | raised earlier and why the significantly different issue(s) were not | ||
presented earlier, and a processing fee under § 1.17(i) must be | presented earlier, and a processing fee under § 1.17(i) must be | ||
submitted. | submitted. | ||
(d) A member of the public filing a protest in an application | (d) A member of the public filing a protest in an application |