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