What is the examiner’s role in a petition to set aside their holding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 711.03(d) , the examiner may be required to provide a written statement regarding a petition to set aside their holding. Specifically, the section states: 37 CFR 1.181 states that the examiner ‘may be directed by the Director to furnish a written statement, within a specific time, setting forth the reasons for his or her decision upon the matters averred in the petition, supplying a copy to the petitioner.’ However, it’s important to note that such a statement should not be prepared unless specifically requested. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Statement Not Required Unless Requested MPEP 711.03(d) Recommended Examiner Must Provide Reasoning for Decision on Petition MPEP 711.03(d) Permitted Reply Required to Save Application from Abandonment MPEP 711 Required Reply Required Within Time Period Otherwise Abandoned MPEP 711 Amendments Not Saving Application from Abandonment MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Express Abandonment Must Be Timely Received MPEP 711 Prohibited Written Declaration Must Be Signed by Authorized Party MPEP 711 Required Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Other Related FAQs 5 FAQs Collapse What does 37 CFR 1.181 say about examiner statements on petitions? When should an examiner prepare a written statement for a petition? What is the purpose of MPEP 711.03(d)? What happens if an applicant fails to respond to a request for a property rights statement? When is a provisional patent appli...