What is the examiner’s obligation after receiving an applicant’s reply to a 37 CFR 1.105 requirement?

The examiner has a clear obligation to consider the information submitted with the applicant’s reply and apply it appropriately. This obligation stems from the examiner’s assertion that the information is necessary for examination.

Specifically, the MPEP states:

“The examiner must consider the information submitted with the applicant’s reply and apply the information as the examiner deems appropriate. This obligation arises from the examiner’s assertion that the information is necessary to the examination in making the requirement.”

This means that examiners must carefully review and consider all relevant information provided in the applicant’s response, as it directly relates to the requirements they have set forth in the examination process.

To learn more:

• Patent examination
• Applicant’s reply
• Examiner’s obligation
• 37 CFR 1.105
• Information consideration

To learn more:

• 37 CFR 1.105