MPEP Section 715.08, Passed Upon by Primary Examiner

Executive summary:

This document contains Section 715.08 ("Passed Upon by 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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715.08 Passed Upon by Primary Examiner [R-6]

The question of sufficiency of affidavits or declarations under 37 CFR 1.131 should be reviewed and decided by a primary examiner.

Review of questions of formal sufficiency and propriety are by petition >filed under 37 CFR 1.181<. Such petitions are answered by the Technology Center Directors ( MPEP § 1002.02(c)).

Review on the merits of a 37 CFR 1.131 affidavit or declaration is by appeal to the Board of Patent Appeals and Interferences.