How should examiners handle claims that are allowable except for formal issues?
When examining patent applications with claims that are intended to cover patentable subject matter but have formal defects, examiners should provide constructive feedback. The MPEP 707.07(j) states:
When an application discloses patentable subject matter and it is apparent from the claims and applicant’s arguments that the claims are intended to be directed to such patentable subject matter, but the claims in their present form cannot be allowed because of defects in form or omission of a limitation, the examiner should not stop with a bare objection or rejection of the claims. The examiner’s action should be constructive in nature and, when possible, should offer a definite suggestion for correction.
Examiners may also suggest an interview to accelerate agreement on allowable claims. This approach helps applicants understand and address formal issues efficiently.
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