How are questions of formal sufficiency and propriety of affidavits reviewed?
Questions of formal sufficiency and propriety of affidavits or declarations are reviewed through a specific process. According to MPEP 717.01(e):
Review of questions of formal sufficiency and propriety are by petition filed under 37 CFR 1.181. Such petitions are answered by the Technology Center Directors (MPEP ยง 1002.02(c)).
This means that if there are concerns about the formal aspects or appropriateness of an affidavit or declaration, these issues are addressed through a petition process under 37 CFR 1.181. The Technology Center Directors are responsible for responding to these petitions.
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