What is the purpose of MPEP 711.03(d)?
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.
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.