MPEP § 711.03(a) — Holding Based on Insufficiency of Reply (Annotated Rules)
§711.03(a) Holding Based on Insufficiency of Reply
This page consolidates and annotates all enforceable requirements under MPEP § 711.03(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Holding Based on Insufficiency of Reply
This section addresses Holding Based on Insufficiency of Reply. Contains: 1 permission.
Key Rules
Period for Reply (37 CFR 1.134)
While the primary examiner has no authority to act upon an application in which no action by applicant was taken during the period for reply, he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned. This is not a revival of an abandoned application but merely a holding that the application was never abandoned. See also MPEP § 714.03.
Citations
| Primary topic | Citation |
|---|---|
| Period for Reply (37 CFR 1.134) | MPEP § 714.03 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 711.03(a) — Holding Based on Insufficiency of Reply
Source: USPTO711.03(a) Holding Based on Insufficiency of Reply [R-08.2012]
Applicant may deny that the reply was incomplete.
While the primary examiner has no authority to act upon an application in which no action by applicant was taken during the period for reply, he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned. This is not a revival of an abandoned application but merely a holding that the application was never abandoned. See also MPEP § 714.03.