Can patent examiners be expected to remember details of every pending file?
No, patent examiners cannot be expected to remember details of every pending file. This is emphasized in the case of Armour & Co. v. Swift & Co., as quoted in MPEP 2001.06(b):
“[W]e think that it is unfair to the busy examiner, no matter how diligent and well informed he may be, to assume that he retains details of every pending file in his mind when he is reviewing a particular application.”
This underscores the importance of applicants and their representatives in providing complete and accurate information to the examiner during the patent examination process.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.06(B) - Information Relating To Or From Copending United States Patent Applications,
Patent Law,
Patent Procedure