What should an examiner do if an amendment is not fully responsive?
What should an examiner do if an amendment is not fully responsive?
If an examiner determines that an amendment is not fully responsive, they should take the following steps:
- Issue an Office communication: The examiner should promptly issue an Office communication explaining why the amendment is not fully responsive.
- Set a time period for reply: The communication should set a 1-month (or 30-day) time period for the applicant to complete the reply.
- Make the communication final: If appropriate, the examiner can make this communication final.
As stated in MPEP 714.05: “If an amendment is not fully responsive, but is a bona fide attempt to respond and advance the case, and is substantially a complete reply to the non-final Office action, but consideration of some matter or compliance with some requirement has been omitted, the examiner may set a 1-month (or 30-day) shortened statutory period for reply under 37 CFR 1.135(c) to allow applicant to supply the omission.”
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