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 § 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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