What is the examiner’s obligation after receiving a reply to a requirement for information?

After receiving a reply to a requirement for information under 37 CFR 1.105, the examiner has several obligations:

• Consider the information submitted in the applicant’s reply
• Apply the information as deemed appropriate to the examination
• For search-related information, indicate which areas were used and which were not in performing a search
• For answers to queries, indicate that the answers were considered
• For submitted art, consider it at least to the extent that art submitted with an Information Disclosure Statement is considered

The MPEP emphasizes: It is never appropriate to deny considering information that is submitted in reply to, and is within the scope of, a requirement under 37 CFR 1.105.

This underscores the importance of the examiner thoroughly reviewing and considering all information provided in response to the requirement.

To learn more:

• 37 CFR 1.105
• requirement for information
• examiner obligations
• patent examination

To learn more:

• 37 CFR 1.105