(a) The patent may file a preliminary response to the . The response is limited to setting forth the reasons why no post-grant review should be instituted under 35 U.S.C. 324 and can include supporting evidence. The preliminary response is subject to the word count under § 42.24.
(b)Due date. The preliminary response must be filed no later than three months after the date of a notice indicating that the request to institute a post-grant review has been granted a date. A patent may expedite the by an election to waive the patent preliminary response.
(c) [Reserved]
(d)No amendment. The preliminary response shall not include any amendment.
(e)Disclaim Patent Claims. The patent may file a statutory disclaimer under 35 U.S.C. 253(a) in compliance with § 1.321(a), disclaiming one or more claims in the patent. No post-grant review will be instituted based on disclaimed claims.