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903.08(a) New Applications - 900 Prior Art, Classification, Search
903.08(a) New Applications
New nonprovisional applications are assigned to the various Technology Centers (TCs) in the first instance by the Office of Initial Patent Examination (OIPE). Upon receiving an application from the OIPE, the technical support staff in charge of processing new applications should wand the application on the PALM bar code reader to the art unit to which it has been assigned and date stamp the file wrapper on the day the file is to be delivered to the supervisory patent examiner. The complete application (file and drawing) are then given to the appropriate supervisory patent examiner. The technical support staff should not permit these cases to remain overnight before distributing.
The supervisory patent examiner or his/her designee reviews the application to determine whether it properly belongs in his or her art unit. If it does belong in the art unit, it is processed as a new receipt. See MPEP § 903.08(b).
When a new application is received which, in the opinion of the primary examiner, does not belong to his or her TC, he or she may request transfer of it to another TC. See MPEP § 903.08(d).
Form PTO-447A, "Transfer Request" consists of two copies and is used as a transmittal and notification form.
If the search in connection with the first action develops art showing proper classification elsewhere, the transfer is usually initiated before the first action is prepared and mailed.
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