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.

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Tags: 37 CFR 1.105, 37 Cfr 1105, Examiner Obligations, patent examination, requirement for information