MPEP Section 903.07(b), Issuing in Another Technology Center Without Transfer

Executive summary:

This document contains Section 903.07(b) ("Issuing in Another Technology Center Without Transfer") 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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903.07(b) Issuing in Another Technology Center Without Transfer [R-3]

When an examiner issues a prospective patent in another Technology Center (TC), he or she notes in the space provided on the issuing classification area on the **>IFW issue classification form< the class and subclass of the other TC, and in parentheses the number of the other TC. A concurring primary examiner from the other TC must initial the area to the right of the original classification. When the primary examiners from the two TCs disagree on the proper original classification of the allowed claims, the application should be submitted for resolution to the **>supervisory patent examiner (SPE)< having jurisdiction over the art area to which the application is presently assigned. The **>SPE will work with the SPE of the other impacted area for resolution. In the case where an impasse develops, the application will be forwarded to the classification dispute TC representative panel for a final determination (see MPEP §  903.08(d)). At all stages of the process, the application is to be given< a high priority.

Only when both examiners concur in the proposed classification of the patent, or where there has been a ruling by **>the SPE, or a final determination by the classification dispute TC representative panel<, may patent applications sent to issue from one TC be assigned to classes in another TC. **