MPEP 713.10
Interview Preceding Filing Amendment Under 37 CFR 1.312

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

Previous: §713.09 | Next: §714

713.10    Interview Preceding Filing Amendment Under 37 CFR 1.312 [R-08.2012]

After an application is sent to issue, it is technically no longer under the jurisdiction of the primary examiner. 37 CFR 1.312. An interview with an examiner that would involve a detailed consideration of claims sought to be entered and perhaps entailing a discussion of the prior art for determining whether or not the claims are allowable should not be given. Obviously an applicant is not entitled to a greater degree of consideration in an amendment presented informally than is given an applicant in the consideration of an amendment when formally presented, particularly since consideration of an amendment filed under 37 CFR 1.312 cannot be demanded as a matter of right.

Requests for interviews on cases where a notice of allowance has been mailed should be granted only with specific approval of the Technology Center Director upon a showing in writing of extraordinary circumstances.