What should an examiner do if they believe an application is improperly assigned to their docket?
If an examiner believes an application is improperly assigned to their docket, they should:
- Send an email to the TC 2900 docketing POC for evaluation of the application.
- If deemed improper, the application will be removed from the examiner’s docket and appropriately reassigned.
- If deemed proper after reevaluation, the case will be returned to the originating examiner’s docket for examination as a design application.
The MPEP advises: If an examiner encounters an assigned application that appears to be improper for their docket based on a factor other than the classification of the application (e.g. could be considered a utility application), the examiner should send an email to the TC 2900 docketing POC for evaluation of the application.
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