What should be included in an Examiner’s Letter or Action?
According to MPEP 707, an Examiner’s Letter or Action should include:
- The Office Action Summary Form PTOL-326
- Period set for reply
- Any attachments
- A ‘Summary of Action’ on all claims
- Notice of References Cited (PTO-892)
- Reasons for rejections or objections
- Useful information for judging the propriety of continuing prosecution
The MPEP states, Information useful in judging the propriety of continuing the prosecution may include, for example, the identification and a brief discussion of the particular figure(s) of the drawing(s), and/or page(s) or paragraph(s) of the best reference(s) cited by the examiner, the applicant, or a foreign office.
Additionally, In rejecting claims for want of novelty or for obviousness, the pertinence of each reference, if not apparent, must be clearly explained and each rejected claim specified.
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