MPEP 711.03(a)
Holding Based on Insufficiency of Reply

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

Previous: §711.03 | Next: §711.03(b)

711.03(a)    Holding Based on Insufficiency of Reply [R-8.2012]

Applicant may deny that the reply was incomplete.

While the primary examiner has no authority to act upon an application in which no action by applicant was taken during the period for reply, he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned. This is not a revival of an abandoned application but merely a holding that the application was never abandoned. See also MPEP § 714.03.