What is the procedure for examiners to request additional information from applicants?
The procedure for examiners to request additional information from applicants is outlined in 37 CFR 1.105 and MPEP § 704.10 et seq. These sections set forth procedures for examiners to require applicants, their attorneys, and agents to submit information reasonably necessary for the Office to examine an application or treat a matter being addressed in an application.
According to MPEP 707.05(b), “Any such requirement, and any information submitted in reply thereto, will not in any way diminish the obligation of examiners to conduct independent prior art searches, or relieve examiners of citing other pertinent prior art of which they may be aware.” This means that even when additional information is requested and provided, examiners must still perform their own thorough search and analysis.
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