How should an examiner indicate the use of form paragraphs in Office actions?
According to MPEP 707, an examiner should clearly indicate the use of form paragraphs in Office actions. The MPEP states: “In all Office actions, the examiner or the Office must indicate, in the Office action itself, which form paragraphs are being relied upon, to permit the applicant to more easily identify the specific grounds of rejection and enable the examiner to indicate with specificity the basis for each rejection.” This practice ensures transparency and helps applicants understand the specific reasons for rejections or objections.
To properly indicate form paragraphs, examiners should:
- Clearly reference the form paragraph number within the Office action
- Provide the full text of the form paragraph
- Ensure that the form paragraph is relevant to the specific rejection or objection being made
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