MPEP Q&A 124: Situations Where the Examiner is Not Responsible for Examining the Sufficiency of the Showing - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2018-01-09T15:00:14
Question: In what two situations is the examiner not responsible for examining the sufficiency of the showing? Answer: The examiner is not responsible for examining the sufficiency of the showing except when: The application claim is subject to a rejection under 35 U.S.C. 102(a) or (e) and the applicant files an interference suggestion instead of attempting to overcome the rejection. In this case the examiner must decide if the applicant’s showing is sufficient to overcome the rejection. If the examiner finds the showing not sufficient, then the rejection under 102(a) or (e) still holds true and the examination of the…
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Further podcasts by Lisa Parmley, USPTO Patent Practitioner #51006