How does an examiner handle typographical errors in allowed claims?
When an examiner encounters typographical errors in allowed claims, they have specific procedures to follow. According to MPEP 1302.04:
“If the examiner discovers a typographical error in an allowed claim, it cannot be corrected by an examiner’s amendment after the Notice of Allowance has been mailed.”
In such cases, the examiner must follow these steps:
- Notify the applicant of the error
- Suggest filing an amendment under 37 CFR 1.312
- Indicate that the amendment will be favorably considered
This process ensures that the applicant is aware of and can correct any typographical errors before the patent is issued.
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