How does the USPTO count items of information in a supplemental examination request?

The USPTO has specific guidelines for counting items of information in a supplemental examination request, as outlined in MPEP 2809: The Office counts the number of items presented, not the number of issues raised or grounds for consideration. A single reference raising multiple issues under different statutes (e.g., 35 U.S.C. 102, 103, and 112) is…

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Can audio or video recordings be submitted as items of information in supplemental examination?

According to MPEP 2809, audio or video recordings cannot be directly submitted as items of information in supplemental examination. The MPEP states: “The Office does not currently have the capability of retaining records in unwritten form. For this reason, any audio or video recording must be submitted in the form of a written transcript in…

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Can amendments be submitted with a supplemental examination request?

No, amendments cannot be submitted with a supplemental examination request. MPEP 2809 clearly states: “No amendment may be filed in a supplemental examination proceeding. 37 CFR 1.620(f). Any paper containing an amendment that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” However,…

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How are applications reviewed for possible abandonment?

Applications are typically reviewed for possible abandonment after the maximum permissible period for extension of time under 37 CFR 1.136(a) plus one month has expired. The appropriate examiner carefully scrutinizes the applications to verify their abandoned status. According to MPEP 711.04(a): “Applications are not ordinarily reviewed for possible abandonment until the maximum permissible period for…

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