How does an examiner handle a not fully responsive submission in patent reexamination?

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 examiner encounters a not fully responsive submission in a patent reexamination, they have several options:

1. Waive the deficiencies if they are not serious and act on the submission
2. Accept the amendment as a response but notify the patent owner that the omission must be supplied
3. Notify the patent owner that the response must be completed within the remaining period

According to MPEP 2266.01: “The examiner may treat a patent owner submission which is not fully responsive to a non-final Office action by: (A) waiving the deficiencies (if not serious) in the response and acting on the patent owner submission; (B) accepting the amendment as a response to the non-final Office action but notifying the patent owner (via a new Office action setting a new time period for response) that the omission must be supplied; or (C) notifying the patent owner that the response must be completed within the remaining period for response to the non-final Office action (or within any extension pursuant to 37 CFR 1.550(c)) to avoid termination of the prosecution of the proceeding under 37 CFR 1.550(d).”