How are incomplete replies to a Requirement for Information treated?
Incomplete replies to a Requirement for Information under 37 CFR 1.105 are handled similarly to amendments that are not fully responsive to a non-final Office action. The MPEP states, An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not fully responsive to a non-final Office action.
If the reply appears to be a bona fide attempt to respond, the examiner may use Form Paragraph 7.95 to give the applicant a shortened statutory period of TWO MONTHS to supply the omission or correction. However, this practice doesn’t apply if there has been a deliberate omission or if the application is subject to a final Office action.
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