Under what conditions will the USPTO enter a supplemental reply?
The USPTO may enter a supplemental reply if it meets specific criteria. According to MPEP 714.03(a), the Office may enter a supplemental reply if it is clearly limited to:
- Cancellation of a claim(s)
- Adoption of the examiner’s suggestions
- Placement of the application in condition for allowance
- Reply to an Office requirement made after the first reply was filed
- Correction of informalities (e.g., typographical errors)
- Simplification of issues for appeal
The MPEP further states: ‘This list is not exhaustive. The examiner has the discretion to approve the entry of a supplemental reply that is not listed above.’
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