What is the examiner’s role in considering prior art citations in reexamination proceedings?
What is the examiner’s role in considering prior art citations in reexamination proceedings? In reexamination proceedings, the examiner plays a crucial role in evaluating prior art citations. According to MPEP 2253, “The examiner must consider each citation submitted in an ex parte reexamination request or by the patent owner under 37 CFR 1.501 or 37…
Read MoreCan an examiner request the transfer of a patent application to a different class?
Yes, an examiner can request the transfer of a patent application to a different class. The MPEP provides guidance on this process: “An examiner seeking the transfer of a case may make a search, both of their own class and the class to which they think the case should be transferred, and the examiner in…
Read MoreHow are CPC symbols assigned to new patent applications?
The assignment of CPC symbols to new patent applications follows a specific process. According to MPEP 909.01(a): “For new applications, the examiner must assign at least one CPC symbol to the application. The examiner should assign the CPC symbol(s) that best describe the invention and adequately cover the subject matter disclosed and claimed.” The process…
Read MoreCan CPC symbols be changed during the patent examination process?
Yes, CPC symbols can be changed during the patent examination process. According to MPEP 909.01(a): “The examiner may change or add CPC symbols at any time during prosecution as appropriate.“ Reasons for changing or adding CPC symbols may include: Discovery of more relevant or specific CPC symbols during examination Amendments to the claims that alter…
Read MoreWhat is the examiner’s responsibility when applicant traverses a rejection?
When an applicant traverses a rejection, the examiner has a responsibility to address the applicant’s arguments. As stated in MPEP 707.07(f): Where the applicant traverses any rejection, the examiner should, if they repeat the rejection, take note of the applicant’s argument and answer the substance of it. This means the examiner must carefully consider the…
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