How should an examiner handle partial entry of amendments under 37 CFR 1.312?

When an examiner decides to enter part of an amendment under 37 CFR 1.312, they should follow these steps:

• Enter the acceptable claims or amendments in the application
• Renumber the claims if necessary to maintain consecutive numbering
• Use the Strike-Out Line tool to cross out any refused claims or amendments
• Submit a Response to Rule 312 Communication form PTO-271
• Forward the form to the supervisory patent examiner for approval

The MPEP states, “The examiner should then submit a Response to Rule 312 Communication form PTO-271 recommending the entry of the acceptable portion of the amendment and the nonentry of the remaining portion together with their reasons therefor.” This process ensures proper documentation and approval of partial amendment entries.

To learn more:

• 37 CFR 1.312
• amendments
• patent examination
• partial amendment entry
• examiner procedure

To learn more:

• 37 CFR 1.312