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714.05 Examiner Should Immediately Inspect - 700 Examination of Applications
714.05 Examiner Should Immediately Inspect
Actions by applicant, especially those filed near the end of the period for reply, should be inspected immediately upon filing to determine whether they are completely responsive to the preceding Office action so as to prevent abandonment of the application. If found inadequate, and sufficient time remains, applicant should be notified of the deficiencies and warned to complete the reply within the period. See MPEP § 714.03.
All amended applications forwarded to the examiner should be inspected at once to determine the following:
(A) If the amendment is properly signed ( MPEP § 714.01(a)).
(B) If the amendment has been filed within the statutory period, set shortened period, or time limit ( MPEP § 710 - § 710.05).
(C) If the amendment is fully responsive ( MPEP § 714.03 and § 714.04) and complies with 37 CFR 1.121.
(D) If the changes made by the amendment warrant transfer ( MPEP § 903.08(d)).
(E) If the application is special ( MPEP § 708.01).
(F) If claims suggested to applicant for interference purposes have been copied. ( MPEP § 2305).
(G) If there is a traversal of a requirement for restriction ( MPEP § 818.03(a)).
(H) If "easily erasable" paper or other nonpermanent method of preparation or reproduction has been used ( MPEP § 714.07).
(I) If applicant has cited references ( MPEP § 707.05(b) and § 1302.12).
(J) If a terminal disclaimer has been filed ( MPEP § 508.01, § 804.02, § 804.03, and § 1490).
(K) If any matter involving security has been added ( MPEP § 115).
ACTION CROSSES AMENDMENT
A supplemental action is usually necessary when an amendment is filed on or before the mailing date of the regular action but reaches the Technology Center later. The supplemental action should be promptly prepared. It need not reiterate all portions of the previous action that are still applicable but it should specify which portions are to be disregarded, pointing out that the period for reply runs from the mailing of the supplemental action. The action should be headed "Responsive to amendment of (date) and supplemental to the action mailed (date)."
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