What should examiners do when indicating allowable subject matter?

When an examiner’s action indicates allowable subject matter but there are still formal requirements, the examiner should:

1. Call attention to 37 CFR 1.111(b)
2. State that a complete reply must either comply with all formal requirements or specifically traverse each requirement not complied with

The MPEP 707.07(a) states: “When any formal requirement is made in an examiner’s action, that action should, in all cases where it indicates allowable subject matter, call attention to 37 CFR 1.111(b) and state that a complete reply must either comply with all formal requirements or specifically traverse each requirement not complied with.” This ensures that applicants understand their obligations in responding to the office action.

To learn more:

• Allowable Subject Matter
• Formal Requirements
• Patent Examination
• USPTO Procedure