What is the threshold for requiring information under 37 CFR 1.105?
The threshold for requiring information under 37 CFR 1.105 is based on ‘reasonable necessity’ for the examination of the application. The MPEP clarifies:
“This threshold is substantially higher than that for requiring information under 37 CFR 1.105, which is reasonable necessity to the examination of the application.”
This means that an examiner may request information that they deem reasonably necessary to properly examine or treat the matter in the application, even if it might not meet the higher threshold of being ‘material to patentability’ under the duty of disclosure.
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