What is piecemeal examination and how should it be avoided?

Piecemeal examination refers to the practice of addressing only certain issues or grounds of rejection in an Office action while leaving others unaddressed. According to MPEP 707.07(g), piecemeal examination should be avoided as much as possible:

The examiner ordinarily should reject each claim on all valid grounds available, avoiding, however, undue multiplication of references.

To avoid piecemeal examination, examiners should:

  • Apply all relevant grounds of rejection in each Office action
  • Include rejections on non-prior art grounds (e.g., enablement, indefiniteness) where appropriate
  • Fully develop reasons for rejections rather than using mere conclusions

However, the MPEP acknowledges that some situations may warrant limiting examination to particular issues, such as cases involving informal applications or misjoinder of inventions.

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Tags: patent examination