What authority does a primary examiner have regarding abandoned applications?
A primary examiner’s authority regarding abandoned applications is limited, but they do have some discretion. According to MPEP 711.03(a):
While the primary examiner has no authority to act upon an application in which no action by applicant was taken during the period for reply, he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned.
This means that while a primary examiner cannot take action on an application where the applicant failed to respond within the given period, they can reconsider their own decision about whether a received amendment was responsive. If they determine that an amendment they previously deemed insufficient was actually responsive, they can reverse their holding of abandonment and continue processing the application.
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