What is the examiner’s obligation after receiving an applicant’s reply to a 37 CFR 1.105 requirement?

The examiner has a clear obligation to consider the information submitted with the applicant’s reply and apply it appropriately. This obligation stems from the examiner’s assertion that the information is necessary for examination. Specifically, the MPEP states: “The examiner must consider the information submitted with the applicant’s reply and apply the information as the examiner…

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What is the examiner’s obligation after receiving a reply to a requirement for information?

After receiving a reply to a requirement for information under 37 CFR 1.105, the examiner has several obligations: Consider the information submitted in the applicant’s reply Apply the information as deemed appropriate to the examination For search-related information, indicate which areas were used and which were not in performing a search For answers to queries,…

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What are the criteria for making a requirement for information under 37 CFR 1.105?

The MPEP outlines specific criteria for making a requirement for information under 37 CFR 1.105: Reasonable Necessity: The information must be reasonably necessary for the examination or treatment of a matter in the application. Factual Information: The requirement should seek facts and factual information known to the applicant or readily obtained after reasonable inquiry. Minimized…

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Who can be required to submit information under 37 CFR 1.105?

According to the MPEP, information can be required from parties identified in 37 CFR 1.56. Specifically, the MPEP states: “Under 37 CFR 1.105, an examiner or other Office employee is authorized to require, from parties identified in 37 CFR 1.56, information reasonably necessary to examine or treat a matter in an application.” The parties identified…

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How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?

How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements? The USPTO handles petitions challenging the appropriateness of 37 CFR 1.105 requirements based on the stage of prosecution. According to MPEP 704.14(c): If the petition argues that the requirement is not appropriate for the stage of prosecution that the application was…

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