What is the requirement for explaining the relevance of items of information in a supplemental examination request?
According to MPEP 2811, a supplemental examination request must include a detailed explanation of the relevance and manner of applying each item of information to each claim for which supplemental examination is requested. This requirement is specified in 37 CFR 1.610(b)(5).
The MPEP states: “The request must include a separate, detailed explanation of the relevance and manner of applying each item of information listed pursuant to 37 CFR 1.610(b)(2) to each claim of the patent for which supplemental examination is requested.”
For more detailed guidance on this requirement, patent owners are advised to refer to MPEP § 2811.01. Additionally, the MPEP suggests that patent owners may consider the guidance set forth in MPEP §§ 2214 and 2217, which govern the content of a request for ex parte reexamination.
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