37 CFR § 1.931 - Order for reexamination.
---
identifier: "/us/cfr/t37/s1.931"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 1.931 - Order for reexamination."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "1.931"
section_name: "Order for 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"
---
# 1.931 Order for reexamination.
(a) If it is found that there is a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request, the determination will include an order for *inter partes* reexamination of the patent for resolution of the question of whether the requester will prevail.
(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.
[65 FR 76777, Dec. 7, 2000, as amended at 76 FR 59058, Sept. 23, 2011]