What form paragraphs should examiners use when responding to applicant’s arguments?

Examiners have several form paragraphs available to respond to applicant’s arguments, depending on the situation. According to MPEP 707.07(f): Form paragraphs 7.37 through 7.37.13 may be used where applicant’s arguments are not persuasive. Form paragraphs 7.38 through 7.38.02 may be used where applicant’s arguments are moot or persuasive. These form paragraphs cover various scenarios, such…

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What are form paragraphs in the context of requirements for information?

Form paragraphs are pre-written text segments used by patent examiners to standardize and streamline the process of creating requirements for information. The MPEP provides specific form paragraphs for various aspects of the requirement, including: The heading of the requirement (Form Paragraph 7.105) Specific types of information requests (e.g., Form Paragraphs 7.106 – 7.121) Concluding paragraphs…

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What form paragraph should an examiner use when withdrawing the finality of a rejection?

When withdrawing the finality of a rejection, an examiner should use Form Paragraph 7.42. The MPEP 706.07(d) provides the specific language for this form paragraph: “7.42 Withdrawal of Finality of Last Office ActionApplicant’s request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that…

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What is Form Paragraph 7.104 in patent examination requirements?

Form Paragraph 7.104 is a standardized warning statement used in patent examination requirements for information. According to MPEP 704.14(a), this paragraph should be included in every requirement for information. The exact text of Form Paragraph 7.104 is: The reply to this requirement must be submitted within the time period set forth in the requirement. Failure…

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What is Form Paragraph 7.91 used for in patent examination?

Form Paragraph 7.91 is a standardized text used by patent examiners to notify applicants that their reply is not fully responsive to a prior Office action. As described in MPEP 711.02(a), this paragraph is titled “Reply Is Not Fully Responsive, Extension of Time Suggested” and serves several purposes: It informs the applicant that their reply…

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Can a patent examiner request information about related foreign applications?

Can a patent examiner request information about related foreign applications? Yes, a patent examiner can request information about related foreign applications. The Manual of Patent Examining Procedure (MPEP) 704.11 states: ‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the claims or cited in the…

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