How can an applicant contest a holding of insufficiency of reply?
An applicant can contest a holding of insufficiency of reply by asserting that their reply was, in fact, complete and responsive. MPEP 711.03(a) states:
Applicant may deny that the reply was incomplete.
If an applicant believes their reply was sufficient, they can communicate this to the USPTO, typically by filing a petition or response explaining why they believe their original reply was complete and responsive. The examiner can then review this assertion and potentially reverse their holding if they agree with the applicant’s argument. It’s important for applicants to provide a clear and detailed explanation of why they believe their original reply was sufficient to give the examiner the best opportunity to reconsider their decision.
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