MPEP Section 803.01, Review by Examiner with at Least Partial Signatory Authority

Executive summary:

This document contains Section 803.01 ("Review by Examiner with at Least Partial Signatory Authority") 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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803.01 Review by Examiner with at Least Partial Signatory Authority [R-3]

Since requirements for restriction under 35 U.S.C. 121 are discretionary with the *>Director<, it becomes very important that the practice under this section be carefully administered. Notwithstanding the fact that this section of the statute apparently protects the applicant against the dangers that previously might have resulted from compliance with an improper requirement for restriction, IT STILL REMAINS IMPORTANT FROM THE STANDPOINT OF THE PUBLIC INTEREST THAT NO REQUIREMENTS BE MADE WHICH MIGHT RESULT IN THE ISSUANCE OF TWO PATENTS FOR THE SAME INVENTION. Therefore, to guard against this possibility, only an examiner with permanent >full signatory authority< or temporary full signatory authority may sign final ** Office actions containing a final requirement for restriction**>. An< examiner with permanent >partial signatory authority< or temporary partial signatory authority may sign non-final Office actions containing a final requirement for restriction.