(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]