How should an examiner handle persuasive arguments from an applicant?
When an examiner finds an applicant’s arguments persuasive, they should take appropriate action. According to MPEP 707.07(f):
If applicant’s arguments are persuasive and upon reconsideration of the rejection, the examiner determines that the previous rejection should be withdrawn, the examiner must provide in the next Office communication the reasons why the previous rejection is withdrawn by referring specifically to the page(s) and line(s) of applicant’s remarks which form the basis for withdrawing the rejection.
The examiner should use Form Paragraph 7.38.01 to indicate the withdrawal of the previous rejection and provide specific reasons for the withdrawal based on the applicant’s remarks.
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