What is the time period given to respond to a notice of incomplete reply?
When an examiner issues a notice of incomplete reply using form paragraph 7.95, the applicant is typically given a shortened statutory period of TWO (2) MONTHS to respond. The form paragraph states:
“Since the above-mentioned reply appears to be bona fide, applicant is given a shortened statutory period of TWO (2) MONTHS from the mailing date of this notice within which to supply the omission or correction in order to avoid abandonment.”
It’s important to note that extensions of this time period may be granted under 37 CFR 1.136(a), but the total period for reply cannot exceed SIX MONTHS from the mailing date of the original Office action, as set by 35 U.S.C. 133.
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