MPEP Section 1004, Actions Which Require the Attention of a Primary Examiner

Executive summary:

This document contains Section 1004 ("Actions Which Require the Attention of a Primary Examiner") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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1004 Actions Which Require the Attention of a Primary Examiner

There are some questions which existing practice requires the primary examiner to be personally responsible for. The following actions fall in this category:

Final rejection ( MPEP § 706.07).

Proposing an interference ( MPEP § 2309).

Disposition of an amendment in an application in interference looking to the formation of another interference involving that application ( MPEP § 2364.01).

Calling Administrative Patent Judge's attention to a discovered reference which makes a claim corresponding to a count unpatentable ( 37 CFR 1.641, MPEP § 2341).

Rejection of a previously allowed claim ( MPEP § 706.04).

Classification of allowed cases ( MPEP § 903.07).

Holding of abandonment for insufficient reply ( MPEP § 711.03(a)).

Suspension of examiner's action ( MPEP § 709).

Treatment of newly filed application which obviously fails to comply with 35 U.S.C. 112 ( MPEP § 702.01).

Consideration of the advisability of a patentability report ( MPEP § 705.01(a)).

Withdrawal of final rejection ( MPEP § 706.07(d) and § 706.07(e)).

All examiner's answers on appeal ( MPEP § 1208).

Decision on reissue oath or declaration ( MPEP § 1414).

Decision on affidavits or declarations under 37 CFR 1.131 ( MPEP § 715.08) and under 37 CFR 1.132 ( MPEP § 716).

Decision as to acceptance of amendments, statements, and oaths or declarations filed under 37 CFR 1.48 ( MPEP § 201.03).

International Preliminary Examination Reports ( MPEP § 1879).

For a list of actions that are to be submitted to the Technology Center Directors, see MPEP § 1002.02(c) and § 1003.