How does a primary examiner guide a new assistant in applying prior art rejections?
A primary examiner plays a crucial role in guiding new assistant examiners on applying prior art rejections. According to MPEP 707.01:
“If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection.”
This guidance involves:
- Explaining how specific references relate to the claimed invention
- Demonstrating proper application of prior art to reject claims
- Clarifying the reasoning behind non-prior art rejections
- Ensuring the assistant examiner understands the legal and technical basis for rejections
This mentoring process helps maintain consistency and quality in patent examination while training new examiners in proper USPTO procedures.
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