How are corrections to factual information handled in Supplemental Examination?
When a supplemental examination request includes an item of information limited to the correction of factual information, it should also include one or more additional items of information that potentially provide evidence that the patentability of the claims depends upon the factual information to be corrected.
The MPEP provides an example: The request includes a first item of information limited to the addition of a claim for the benefit of an earlier effective filing date, a second item of information which is an intervening reference, and a detailed explanation of how the intervening reference may be applied to the patent claims if the domestic benefit claim remains unchanged, and is not corrected.
In such cases, the examiner will determine if the additional items raise an SNQ based on whether the factual information is corrected or not.
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