MPEP Section 2022.05, Determination of "Error Without Any Deceptive Intention"
Executive summary:
This document contains Section 2022.05 ("Determination of "Error Without Any Deceptive Intention" ") 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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2022.05 Determination of "Error Without Any Deceptive Intention" [R-2]
If the application is a reissue application, the action by the examiner may extend to a determination as to whether at least one "error" required by 35 U.S.C. 251 has been alleged, i.e., identified. Further, the examiner should determine whether applicant has averred in the reissue oath or declaration, as required by 37 CFR 1.175(a)(2), (b)(1), and (b)(2), that all "errors" arose "without any deceptive intention." However, the examiner should not normally comment or question as to whether ** the averred statement as to lack of deceptive intention appears correct or true. See MPEP § 1414.