How are timely submitted affidavits and declarations handled by the patent examiner?
When affidavits or declarations under 37 CFR 1.130 are timely submitted and admitted, the patent examiner is required to acknowledge and comment on them in the next office action. According to MPEP 717.01(f):
All admitted affidavits and declarations are acknowledged and commented upon by the examiner in the next succeeding action, and an indication of such should be made on the Office Action Summary, Notice of Allowability, or Advisory Action cover sheet, as appropriate.
This means that:
- The examiner must review and consider the content of the affidavit or declaration
- The examiner’s response to the affidavit or declaration will be included in the next office action
- The examiner should indicate that the affidavit or declaration has been considered on the appropriate form (Office Action Summary, Notice of Allowability, or Advisory Action cover sheet)
This process ensures that all timely submitted evidence is properly considered and addressed during the patent examination process.
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