When can a supplemental reply be entered in a patent application?
A supplemental reply may be entered under specific circumstances, as outlined in 37 CFR 1.111(a)(2). The USPTO may enter a supplemental reply if it is clearly limited to:
- Cancellation of a claim(s)
- Adoption of examiner suggestion(s)
- Placement of the application in condition for allowance
- Reply to an Office requirement made after the first reply was filed
- Correction of informalities (e.g., typographical errors)
- Simplification of issues for appeal
Additionally, a supplemental reply will be entered if filed within the period during which action by the Office is suspended under 37 CFR 1.103(a) or (c).
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