CFR > Title 37 - Patents, Trademarks, and Copyrights > CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE > SUBCHAPTER A—GENERAL (parts 1 to 5) > PART 1—RULES OF PRACTICE IN PATENT CASES > SUBPART H—Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999 (§1.902 to §1.997) > 1.931—Order for inter partes reexamination.

1.931—Order for inter partes reexamination.

(a) If a substantial new question of patentability is found, the determination will include an order for inter partes reexamination of the patent for resolution of the question.
(b) If the order for inter partes reexamination resulted from a petition pursuant to § 1.927, the inter partes reexamination will ordinarily be conducted by an examiner other than the examiner responsible for the initial determination under § 1.923.