Can a patent examiner reverse their decision on an abandoned application?
Yes, a patent examiner can reverse their decision on an application they previously held as abandoned due to an insufficient reply. According to MPEP 711.03(a):
he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned. This is not a revival of an abandoned application but merely a holding that the application was never abandoned.
This means that if an examiner reconsiders and determines that the applicant’s reply was actually sufficient, they can reverse their previous holding of abandonment. It’s important to note that this is not considered a revival of an abandoned application, but rather a determination that the application was never truly abandoned in the first place.
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