MPEP § 715.08 — Decided by Primary Examiner (Annotated Rules)
§715.08 Decided by Primary Examiner
This page consolidates and annotates all enforceable requirements under MPEP § 715.08, 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.
Decided by Primary Examiner
This section addresses Decided by Primary Examiner. Primary authority: 37 CFR 1.131(a).
Key Rules
Director Authority and Petitions (MPEP 1000)
PTAB Jurisdiction
Review of an examiner’s determination on the merits of a 37 CFR 1.131(a) affidavit or declaration is by appeal to the Patent Trial and Appeal Board.
Citations
| Primary topic | Citation |
|---|---|
| Director Authority and Petitions (MPEP 1000) PTAB Jurisdiction | 37 CFR § 1.131(a) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.181 |
| Director Authority and Petitions (MPEP 1000) | MPEP § 1002.02(c) |
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 § 715.08 — Decided by Primary Examiner
Source: USPTO715.08 Decided by Primary Examiner [R-11.2013]
The question of sufficiency of affidavits or declarations under 37 CFR 1.131(a) should be reviewed and decided by a primary examiner.
Review of an examiner’s decision with regard to questions of formal sufficiency and propriety of an affidavit or declaration under 37 CFR 1.131(a) is by a petition filed under 37 CFR 1.181. Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)).
Review of an examiner’s determination on the merits of a 37 CFR 1.131(a) affidavit or declaration is by appeal to the Patent Trial and Appeal Board.