What is the role of a primary examiner in rejecting previously allowed claims?
The primary examiner plays a crucial role in the process of rejecting previously allowed claims. According to MPEP 706.04:
- “An Office action rejecting a previously allowed claim must be signed by a primary examiner.”
- The primary examiner must consider all the facts before making such a rejection
- They are responsible for exercising great care in making this type of rejection
Additionally, the primary examiner’s signature is required when using Form Paragraph 7.50, which is used to indicate that a previously allowed claim is now being rejected. This requirement underscores the seriousness and rarity of rejecting a claim that was previously deemed allowable.
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