What constitutes a complete reply to a restriction requirement?
A complete reply to a restriction requirement must include two key elements: An election: The applicant must choose one of the inventions or species identified in the restriction requirement. A listing of all claims readable on the elected invention: The applicant must identify which claims encompass the chosen invention or species. MPEP 818.01(a) states: “As…
Read MoreCan a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement?
No, a broad allegation of error is not sufficient to satisfy the requirement for a complete reply to a restriction requirement. The MPEP 818.01(a) clearly states: “A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111.” To provide a complete reply, the applicant must specifically…
Read MoreHow does an examiner determine if a reply is complete under MPEP 704.14(b)?
According to MPEP 704.14(b), an examiner determines if a reply is complete by evaluating whether it addresses all the requirements set forth in the previous Office action. The MPEP states: Direct quote: “The examiner should determine whether the reply: (A) meets the requirements of 37 CFR 1.111, including: (1) An amendment to the claims or…
Read MoreWhat constitutes a complete reply to a 37 CFR 1.105 requirement?
A complete reply to a 37 CFR 1.105 requirement involves responding to each enumerated request for information by either: Providing the required information, or Stating that the information is unknown and/or not readily available to the requested party or parties. As stated in MPEP 704.12(b): “A complete reply to a 37 CFR 1.105 requirement is…
Read MoreWhat constitutes a complete reply to a Requirement for Information?
A complete reply to a Requirement for Information under 37 CFR 1.105 must address each enumerated requirement. The MPEP states, A complete reply to a 37 CFR 1.105 requirement is a reply to each enumerated requirement for information giving either the information required or a statement that the information required to be submitted is unknown…
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