How should an examiner handle information about areas of search submitted by an applicant?

When an applicant submits information about areas of search, the examiner must consider this information and clearly indicate which areas were used and which were not used in performing the search. The MPEP provides specific guidance: “Information constituting identification of areas of search must be considered and the examiner must indicate which areas were used…

Read More

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…

Read More