Can USPTO examiners discuss the consideration of specific evidence in a concluded supplemental examination?
No, USPTO examiners should not discuss the consideration of specific evidence in concluded supplemental examinations with external parties. The MPEP 2803.01 clearly states: “Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to whether a certain reference or other particular evidence was considered during the proceeding, and whether that reference, or other evidence, would have been determined to raise a substantial new question of patentability, had it been considered during the proceeding.” This policy ensures the integrity and confidentiality of the examination process.
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