What constitutes a submission not fully responsive to a non-final Office action in inter partes reexamination?
A submission is considered not fully responsive when it’s a bona fide attempt to respond to an examiner’s Office action filed within the permissible response period, but through oversight or inadvertence, omits a necessary point. As stated in MPEP 2666.30: “A response by the patent owner will be considered not fully responsive to a non-final…
Read MoreWhat constitutes a submission not fully responsive to a non-final Office action in a patent reexamination?
A submission is considered not fully responsive to a non-final Office action in a patent reexamination when: A bona fide response to the examiner’s non-final action is filed It’s filed before the expiration of the permissible response period, including extensions But through an apparent oversight or inadvertence, some necessary point has been omitted As stated…
Read MoreHow does an examiner handle a submission not fully responsive to a non-final Office action?
An examiner has two main options when handling a submission not fully responsive to a non-final Office action, as outlined in MPEP 2666.30: Option A: Waive minor deficiencies and act on the submission. Option B: Treat it as an incomplete response and notify the patent owner to complete the response within a set period. The…
Read MoreWhat happens if an examiner decides not to proceed with an appeal?
If an examiner decides not to proceed with an appeal, the prosecution is reopened, and a new non-final Office action is issued. MPEP 2676 clearly states: “If the examiner reaches the conclusion that the appeal should not go forward, no appeal conference is held. Prosecution is reopened, and the examiner issues a new non-final Office…
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