37 CFR § 1.902 - Processing of prior art citations during an reexamination proceeding.

---
identifier: "/us/cfr/t37/s1.902"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 1.902 - Processing of prior art citations during an  reexamination proceeding."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "1.902"
section_name: "Processing of prior art citations during an  reexamination proceeding."
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"
---


# 1.902 Processing of prior art citations during an  reexamination proceeding.

Citations by the patent owner in accordance with § 1.933 and by an *inter partes* reexamination third party requester under § 1.915 or § 1.948 will be entered in the *inter partes* reexamination file. The entry in the patent file of other citations submitted after the date of an order for reexamination pursuant to § 1.931 by persons other than the patent owner, or the third party requester under either § 1.913 or § 1.948, will be delayed until the *inter partes* reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate. See § 1.502 for processing of prior art citations in patent and reexamination files during an *ex parte* reexamination proceeding filed under § 1.510.

[72 FR 18906, Apr. 16, 2007]