How does the USPTO handle multiple supplemental amendments filed on the same day?
The USPTO has specific procedures for handling multiple supplemental amendments filed on the same day. According to MPEP 714.03(a):
Where applicant files a timely reply to any Office action with an amendment under 37 CFR 1.111 and/or 1.121, and then subsequently files one or more supplemental amendments on the same day, the examiner may review the supplemental amendment(s) together with the original amendment.
The examiner’s approach to multiple same-day supplemental amendments is as follows:
- The examiner will consider the supplemental amendment(s) as part of the original timely reply.
- If the original reply and supplemental amendment(s) together comply with 37 CFR 1.111 and 1.121, the examiner will enter and consider them.
- If the combined amendments raise new issues or require additional search/consideration, the examiner may not enter them and will provide reasons for non-entry.
- The examiner has discretion to choose which version of the claims to examine if multiple versions are presented.
It’s important for applicants to clearly indicate how each supplemental amendment modifies the previous submission to avoid confusion and potential non-entry of amendments.
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