37 CFR § 1.540 - Consideration of responses in reexamination.

---
identifier: "/us/cfr/t37/s1.540"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 1.540 - Consideration of responses in  reexamination."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "1.540"
section_name: "Consideration of responses in  reexamination."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "1"
part_name: "RULES OF PRACTICE IN PATENT CASES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), unless otherwise noted."
regulatory_source: "24 FR 10332, Dec. 22, 1959, unless otherwise noted."
cfr_part: "1"
---


# 1.540 Consideration of responses in  reexamination.

The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration. No submissions other than the statement pursuant to § 1.530 and the reply by the *ex parte* reexamination requester pursuant to § 1.535 will be considered prior to examination.

[65 FR 76776, Dec. 7, 2000]