What is required in a detailed explanation for a supplemental examination request?
A detailed explanation for a supplemental examination request must include:
- An explanation of how each item of information may be applied to the claims for which supplemental examination is requested.
- For each claim, either what the item of information teaches or which teachings may be important for determining patentability.
- Citations to specific portions or figures in the item of information.
- A separate explanation for each dependent claim, unless relying on the explanation for the independent claim.
The MPEP states: A separate, detailed explanation required by 37 CFR 1.610(b)(5) must include, for each item of information listed pursuant to 37 CFR 1.610(b)(2), an explanation of how the item of information may be applied to the claims for which supplemental examination is requested.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2811.01 - Detailed Explanation Of The Relevance And Manner Of Applying Each Item Of Information,
Patent Law,
Patent Procedure