MPEP Section 714.05, Examiner Should Immediately Inspect

Executive summary:

This document contains one section of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Fifth Revision (August 2006). This page was last updated in July 2007. You may return to the section index to find a particular section. Alternatively, you may search the MPEP use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the MPEP in the pop-up list.

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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).

(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 *> Chapter 2300<).

(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 * § 804.02, § 804.03, and § 1490).

(K) If any matter involving security has been added ( MPEP § 115).

ACTION CROSSES AMENDMENT

A supplemental action **>may be< 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)."