MPEP § 717.01(e) — Passed Upon (or Decided by) by Primary Examiner (Annotated Rules)
§717.01(e) Passed Upon (or Decided by) by Primary Examiner
This page consolidates and annotates all enforceable requirements under MPEP § 717.01(e), 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.
Passed Upon (or Decided by) by Primary Examiner
This section addresses Passed Upon (or Decided by) by Primary Examiner. Primary authority: 37 CFR 1.130.
Key Rules
Director Authority and Petitions (MPEP 1000)
PTAB Jurisdiction
Review on the merits of a 37 CFR 1.130 affidavit or declaration is by appeal to the Patent Trial and Appeal Board. See MPEP § 1201.
Citations
| Primary topic | Citation |
|---|---|
| PTAB Jurisdiction | 37 CFR § 1.130 |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.181 |
| Director Authority and Petitions (MPEP 1000) | MPEP § 1002.02(c) |
| PTAB Jurisdiction | MPEP § 1201 |
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 § 717.01(e) — Passed Upon (or Decided by) by Primary Examiner
Source: USPTO717.01(e) Passed Upon (or Decided by) by Primary Examiner [R-11.2013]
The question of sufficiency of affidavits or declarations under 37 CFR 1.130 should be reviewed and decided by a primary examiner.
Review of questions of formal sufficiency and propriety are by petition filed under 37 CFR 1.181. Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)).
Review on the merits of a 37 CFR 1.130 affidavit or declaration is by appeal to the Patent Trial and Appeal Board. See MPEP § 1201.