How should an examiner handle formal requirements in Office actions?
According to MPEP 707.07(a), examiners should handle formal requirements in Office actions as follows:
- Include any form that lists informalities and additional formal requirements in the first action.
- When indicating allowable subject matter, call attention to 37 CFR 1.111(b) and state that a complete reply must either comply with all formal requirements or specifically traverse each requirement not complied with.
The MPEP provides a form paragraph for this purpose:
As allowable subject matter has been indicated, applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP ยง 707.07(a).
This approach ensures that applicants are aware of all formal requirements early in the examination process and understand their obligation to address them.
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