What is the examiner’s duty regarding answers to queries posed during examination?
Examiners have a specific duty to consider answers provided by applicants to queries posed during the examination process. The MPEP clearly states:
“Information constituting answers to queries posed by the examiner or another Office employee must be considered, and the record must indicate that the answers were considered.”
This means that when an examiner or another USPTO employee asks a question or makes a query, and the applicant provides an answer, the examiner must review and consider that answer. Furthermore, the examiner must document this consideration in the official record.
The MPEP suggests a minimal way to indicate this consideration:
“This indication may be made minimally by indicating ‘Considered’ with the Stamper tool in Adobe Acrobat and including the receipt date on the reply.”
By following this procedure, examiners ensure that all relevant information provided by the applicant is properly considered and documented in the examination process.
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