What role does the supervisory patent examiner (SPE) play in reopening prosecution after appeal?
The supervisory patent examiner (SPE) plays a crucial role in the process of reopening prosecution after an appeal has been filed. Their responsibilities include:
- Approval of new grounds of rejection: The SPE must approve any new ground of rejection that is not necessitated by an amendment to the claims.
- Recording reasons: The SPE must record the reasons for approving the reopening of prosecution in the file.
- Ensuring compliance: The SPE helps ensure that the reopening of prosecution adheres to USPTO policies and procedures.
According to MPEP 1207.04: “The institution of a new ground of rejection that is not necessitated by any amendment to the claims must be approved by the supervisory patent examiner (SPE) with reasons recorded in the file.” This oversight helps maintain the integrity of the appeal process and ensures that reopening prosecution is done only when necessary and justified.
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