How should examiners handle cross-referencing for design and plant applications during prosecution?
Examiners should maintain systematic notes for cross-referencing design and plant applications throughout the examination process. The MPEP provides specific guidance:
Throughout the examination of a design or plant application, systematic notes should be kept as to cross-references needed either due to claimed or unclaimed disclosure.
Key points for examiners:
- Consult with examiners handling related subject matter.
- Record each consultation in the SEARCH NOTES box on the file wrapper.
- Include the name of each examiner consulted, consultation date, and results.
- Provide cross-references for all CLAIMED disclosure where possible.
- Insert cross-references in the issuing classification boxes at the time of issue.
This process ensures comprehensive and accurate classification of design and plant applications.
To learn more: