How should examiners handle after-final amendments or evidence in relation to an Examiner’s Answer?
When handling after-final amendments or evidence in relation to an Examiner’s Answer, examiners should: Ensure each after-final amendment or evidence is indicated as entered or not-entered Issue an advisory action for each after-final amendment or evidence Not comment on affidavits, declarations, or exhibits that were refused entry The MPEP states: “Before preparing the answer, the…
Read MoreWhat are examples of actions that do not constitute a new ground of rejection in an Examiner’s Answer?
According to MPEP 1207.03, the following actions do not constitute a new ground of rejection in an Examiner’s Answer: Pointing out where an appellant’s arguments are not persuasive Responding to new arguments raised in the appeal brief Relying on a different portion of a reference to elaborate upon that which has been cited previously Changing…
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