How does an examiner process documents submitted as evidence in a reply to an Office action?
When an applicant submits documents as evidence in a reply to an Office action, the examiner is not required to process these documents as items of information cited in an information disclosure statement. The MPEP clarifies:
“The record should reflect whether the evidence was considered, but listing on a form (e.g., PTO-892 or PTO/SB/08) and appropriate marking of the form by the examiner is not required.”
The examiner should indicate that the teachings relied on by the applicant have been considered, but they do not need to formally list or mark these documents on information disclosure forms.
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Topics:
Patent Law,
Patent Procedure