What is the examiner’s responsibility when claims corresponding to a patent are presented in an application?

When claims corresponding to claims of a patent are presented in an application, the examiner has the responsibility to:

• Determine whether the presented claims are unpatentable on any grounds, including under 35 U.S.C. 101, 102, 103, 112, double patenting, etc.
• Reject any claims that are rejectable on any grounds.

As stated in MPEP 706.06: “If any of the claims presented in the application are rejectable on any grounds, they should be so rejected.”

To learn more:

• patent examination
• claim rejection
• unpatentability
• statutory grounds