How does an examiner handle a not fully responsive submission in patent reexamination?
When an examiner encounters a not fully responsive submission in a patent reexamination, they have several options:
- Waive the deficiencies if they are not serious and act on the submission
- Accept the amendment as a response but notify the patent owner that the omission must be supplied
- Notify the patent owner that the response must be completed within the remaining period
According to MPEP 2266.01: “The examiner may treat a patent owner submission which is not fully responsive to a non-final Office action by: (A) waiving the deficiencies (if not serious) in the response and acting on the patent owner submission; (B) accepting the amendment as a response to the non-final Office action but notifying the patent owner (via a new Office action setting a new time period for response) that the omission must be supplied; or (C) notifying the patent owner that the response must be completed within the remaining period for response to the non-final Office action (or within any extension pursuant to 37 CFR 1.550(c)) to avoid termination of the prosecution of the proceeding under 37 CFR 1.550(d).”
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