---
kind: "section"
citation: "37 C.F.R. § 1.948"
title: "37"
number: "1.948"
heading: "Limitations on submission of prior art by third party requester following the order for inter partes reexamination."
url: "https://uscodex.org/cfr/37/1.948"
---

# §1.948. Limitations on submission of prior art by third party requester following the order for inter partes reexamination.

- (a) After the inter partes reexamination order, the third party requester may only cite additional prior art as defined under [§ 1.501](/cfr/37/1.501.md) if it is filed as part of a comments submission under [§ 1.947](/cfr/37/1.947.md) or [§ 1.951(b)](/cfr/37/1.951.md?p=b) and is limited to prior art:
  - (1) which is necessary to rebut a finding of fact by the examiner;
  - (2) which is necessary to rebut a response of the patent owner; or
  - (3) which for the first time became known or available to the third party requester after the filing of the request for inter partes reexamination proceeding. Prior art submitted under [paragraph (a)(3)](#a-3) of this section must be accompanied by a statement as to when the prior art first became known or available to the third party requester and must include a discussion of the pertinency of each reference to the patentability of at least one claim.
- (b) [Reserved]

## Notes

### Source

Source: 65 FR 76777, Dec. 7, 2000, unless otherwise noted.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.