What should an examiner do if an applicant adequately traverses an official notice?
If an applicant adequately traverses an examiner’s assertion of official notice, the examiner must take specific actions in the next Office action. According to MPEP 2144.03:
“If applicant adequately traverses the examiner’s assertion of official notice, the examiner must provide documentary evidence in the next Office action if the rejection is to be maintained.”
Additionally, if the examiner is relying on personal knowledge:
“If the examiner is relying on personal knowledge to support the finding of what is known in the art, the examiner must provide an affidavit or declaration setting forth specific factual statements and explanation to support the finding.”
This requirement ensures that the applicant has a fair opportunity to respond to the basis of the rejection.
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