What options does an examiner have if an applicant’s reply is incomplete?

When an applicant’s reply is incomplete, MPEP 704.14(b) outlines two main options for the examiner:

  1. Act on the application: The examiner may proceed with examination if sufficient information is available or no further information is required.
  2. Require completion of the reply: The examiner can request the applicant to complete the reply pursuant to 37 CFR 1.135(c).

The MPEP states:

Direct quote: “If the reply is incomplete, the examiner may, at his or her option, either act on the application (if sufficient information is available or no further information is required) or require the applicant to complete the reply pursuant to 37 CFR 1.135(c).”

The examiner’s decision will depend on the specific circumstances of the application and the nature of the incomplete reply.

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Tags: patent examination