What is the purpose of MPEP 711.03(d)?

MPEP 711.03(d) provides guidance on the examiner’s statement in response to a petition to set aside the examiner’s holding. The primary purpose of this section is to clarify when an examiner should prepare a written statement in response to such petitions. It references 37 CFR 1.181 and states:

Unless requested, however, such a statement should not be prepared. See MPEP § 1002.01.

This guidance helps ensure that examiners only provide written statements when necessary, streamlining the petition process and maintaining consistency in patent examination procedures.

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Tags: patent examination