Can USPTO examiners discuss the consideration of specific evidence in a concluded supplemental examination?
No, USPTO examiners should not discuss the consideration of specific evidence in concluded supplemental examinations with external parties. The MPEP 2803.01 clearly states: “Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to…
Read MoreCan patent examiners discuss specific evidence considered during examination?
No, patent examiners are not allowed to discuss specific evidence considered during the examination process with individuals outside the USPTO. The MPEP 1701 states: “Employees of the USPTO, particularly patent examiners who examined an application which matured into a patent or a reissued patent or who conducted a reexamination proceeding, should not discuss or answer…
Read MoreHow are after-final amendments and evidence handled when reopening prosecution?
When reopening prosecution after an appeal, examiners must generally consider any previously unaddressed after-final amendments or evidence. According to MPEP 1207.04: “Ordinarily any after final amendment or affidavit or other evidence that was not entered before must be entered and considered on the merits as part of the action reopening prosecution.” However, there are exceptions…
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