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1901.07(a) Filing of Multiple Papers Relating to Same Issues - 1900 Protest


1901.07(a) Filing of Multiple Papers Relating to Same Issues

Under 37 CFR 1.291(c), protestor participation ends with the filing of the initial protest, and protestor will not be allowed to complete any protest that is incomplete. No further submission on behalf of protestor will be considered, except for additional prior art, or unless such submission clearly raises new issues which could not have been earlier presented. Protests which will not be entered in the application file include those further submissions in violation of 37 CFR 1.291(c) by which protestor seeks to participate in the examination process. For example, mere arguments relating to an Office action or an applicant's reply would not qualify as a new issue. Likewise, additional comments seeking to bring in further or even new data or information with respect to an issue previously raised by protestor would not qualify as a new issue. Even new protests which also argue Office actions or replies or any matter beyond the new issue should not be accepted. Improper protests will be refused consideration and returned by the Technology Center (TC) Director. While improper protests will be returned, a new protest by an earlier protestor will be proper and can be entered if it is clearly limited to new issues which could not have been earlier presented.

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