When examiners disagree on a Patentability Report, MPEP 705.01(a) outlines the following process: The primary examiners may consult with each other to resolve the disagreement. If agreement cannot be reached, the primary examiner with jurisdiction over the application can choose not to rely on the Patentability Report. In such cases, the examiner may ‘make his…

When examiners disagree on a Patentability Report, there are established procedures to resolve the conflict. According to MPEP 705.01(a): “If the primary examiner does not agree with the Patentability Report or any portion thereof, he or she may consult with the primary examiner responsible for the report. If agreement as to the resulting action cannot…