What information is included in the examiner’s reasons for allowance?
What information is included in the examiner’s reasons for allowance?
The examiner’s reasons for allowance are an important part of the Notice of Allowability. They typically include:
- A statement of the specific reason(s) why the claimed invention is allowable
- References to the closest prior art and how the claimed invention differs
- An explanation of any amendments that contributed to allowance
- Clarification of the examiner’s interpretation of key claim terms or limitations
The MPEP 1302.03 advises: “If the examiner determines that the claims are allowable for reasons other than those asserted by applicant, or different from those allowed in other applications of the attorney or agent of record, the examiner may include the reasons in the examiner’s reasons for allowance.” This information helps establish the patent’s scope and can be valuable for future patent enforcement or litigation.
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