How should an examiner approach a previously searched application?
When an examiner is assigned an application that has been previously searched by another examiner, they should review the previous search to ensure its thoroughness and completeness. MPEP 704.01 states: “When an examiner is assigned to act on an application which has received one or more actions by some other examiner, the examiner should review the previous search to ensure it is thorough and complete.” This approach promotes consistency and efficiency in the examination process.
Furthermore, the MPEP advises against taking an entirely new approach or reorienting the previous examiner’s point of view without good reason: “In general the second examiner should not take an entirely new approach to the application or attempt to reorient the point of view of the previous examiner, or make a new search in the mere hope of finding something.” This guidance helps maintain continuity in the examination process.
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