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 MoreCan an examiner deny considering information submitted in reply to a 37 CFR 1.105 requirement?
No, an examiner cannot deny considering information that is submitted in reply to a 37 CFR 1.105 requirement, as long as it is within the scope of that requirement. The MPEP is explicit on this point: “It is never appropriate to deny considering information that is submitted in reply to, and is within the scope…
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