How should an examiner handle formal requirements in Office actions?
According to MPEP 707.07(a), examiners should handle formal requirements in Office actions as follows:
- Include any form that lists informalities and additional formal requirements in the first action.
- When indicating allowable subject matter, call attention to 37 CFR 1.111(b) and state that a complete reply must either comply with all formal requirements or specifically traverse each requirement not complied with.
The MPEP provides a form paragraph for this purpose:
As allowable subject matter has been indicated, applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
This approach ensures that applicants are aware of all formal requirements early in the examination process and understand their obligation to address them.
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