MPEP § 1002.02(d) — Petitions and Matters Decided by Supervisory Patent Examiners (Annotated Rules)
§1002.02(d) Petitions and Matters Decided by Supervisory Patent Examiners
This page consolidates and annotates all enforceable requirements under MPEP § 1002.02(d), 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.
Petitions and Matters Decided by Supervisory Patent Examiners
This section addresses Petitions and Matters Decided by Supervisory Patent Examiners. Primary authority: 37 CFR 1.312, 37 CFR 1.322, and 37 CFR 1.324. Contains: 5 statements.
Key Rules
PTAB Jurisdiction
8. Amendments presented after decision in an appeal by the Patent Trial and Appeal Board as to which the primary examiner recommends entry as placing the application in condition for allowance. See MPEP § 1214.07.
10. Withdrawal from appeal of an application remanded by the Patent Trial and Appeal Board. See MPEP § 1211.01.
Appeal Brief Requirements
2. Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.
Not Grounds for Reissue
3. Requests for a certificate of correction submitted under 37 CFR 1.322 or 1.323 unless the error is clearly minor, clerical or typographical, in which case it is handled by the Certificates of Correction Branch.
Declaration of Interference
7. Letters to an applicant suggesting claims for purposes of interference, or the submission of Form PTO-850, where one or more claims of one application would differ from corresponding claims of another application. See 37 CFR 41.202 and MPEP § 2304.04 et seq.
Citations
| Primary topic | Citation |
|---|---|
| – | 37 CFR § 1.103(d) |
| – | 37 CFR § 1.111 |
| – | 37 CFR § 1.115 |
| – | 37 CFR § 1.312 |
| Not Grounds for Reissue | 37 CFR § 1.322 |
| – | 37 CFR § 1.324 |
| – | 37 CFR § 1.84 |
| Declaration of Interference | 37 CFR § 41.202 |
| Appeal Brief Requirements | MPEP § 1207.04 |
| PTAB Jurisdiction | MPEP § 1211.01 |
| PTAB Jurisdiction | MPEP § 1214.07 |
| – | MPEP § 1480 |
| – | MPEP § 1481.02 |
| Declaration of Interference | MPEP § 2304.04 |
| – | MPEP § 608.02 |
| – | MPEP § 709 |
| – | MPEP § 714.01(e) |
| – | MPEP § 714.16 |
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 § 1002.02(d) — Petitions and Matters Decided by Supervisory Patent Examiners
Source: USPTO1002.02(d) Petitions and Matters Decided by Supervisory Patent Examiners [R-08.2017]
1. Entry of amendments under 37 CFR 1.312 which embody more than merely the correction of formal matters without changing the scope of any claim, MPEP §§ 714.16 and 714.16(d).
2. Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.
3. Requests for a certificate of correction submitted under 37 CFR 1.322 or 1.323 unless the error is clearly minor, clerical or typographical, in which case it is handled by the Certificates of Correction Branch.
4. Requests for a certificate of correction to correct a claim even if the request is submitted under 37 CFR 1.322, MPEP § 1480.
5. Petitions under 37 CFR 1.324 to correct errors in joining inventors in a patent that is not involved in an interference, MPEP § 1481.02.
6. Disapproval of preliminary amendments under 37 CFR 1.115 or second (or subsequent) supplemental amendments (3rd reply) under 37 CFR 1.111, MPEP §§ 714.01(e) and 714.03(a).
7. Letters to an applicant suggesting claims for purposes of interference, or the submission of Form PTO-850, where one or more claims of one application would differ from corresponding claims of another application. See 37 CFR 41.202 and MPEP § 2304.04 et seq.
8. Amendments presented after decision in an appeal by the Patent Trial and Appeal Board as to which the primary examiner recommends entry as placing the application in condition for allowance. See MPEP § 1214.07.
9. Petitions under 37 CFR 1.84 to accept photographs or color drawings in patent applications, MPEP § 608.02, subsection VIII.
10. Withdrawal from appeal of an application remanded by the Patent Trial and Appeal Board. See MPEP § 1211.01.
11. Requests for deferral of examination under 37 CFR 1.103(d), MPEP § 709.