How does the examiner handle defective reissue oath or declaration?
How does the examiner handle defective reissue oath or declaration?
When examining a reissue application, the examiner must carefully review the reissue oath or declaration. If it is found to be defective, the examiner should take specific actions as outlined in MPEP 1440:
“Where the reissue oath/declaration is defective, a rejection under 35 U.S.C. 251 must be made. An examiner should reject the claims of the reissue application under 35 U.S.C. 251 as being based on a defective reissue oath/declaration.”
The examiner’s actions include:
- Rejecting the claims under 35 U.S.C. 251
- Explaining the nature of the defect in the oath/declaration
- Providing guidance on how to correct the defect
- Allowing the applicant to submit a new oath/declaration to overcome the rejection
It’s important to note that the applicant has the opportunity to correct the defective oath/declaration during prosecution, and the examiner should provide clear instructions on how to do so.
To learn more: