What is the examiner’s responsibility when applicant traverses a rejection?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When an applicant traverses a rejection, the examiner has a responsibility to address the applicant’s arguments. As stated in MPEP 707.07(f):

Where the applicant traverses any rejection, the examiner should, if they repeat the rejection, take note of the applicant’s argument and answer the substance of it.

This means the examiner must carefully consider the applicant’s arguments and provide a clear, substantive response to maintain the clarity of the prosecution history.