MPEP 1004 Actions Which Require the Attention of a Primary Examiner

Manual of Patent Examining Procedure - MPEP

1000 Matters Decided by Various U.S. Patent and Trademark Office Officials

1004 Actions Which Require the Attention of a Primary Examiner

There are some questions which existing practice requires the primary examiner to be personally responsible for. The following actions fall in this category:

Final rejection ( MPEP § 706.07).

Proposing an interference ( MPEP § 2309).

Disposition of an amendment in an application in interference looking to the formation of another interference involving that application ( MPEP § 2364.01).

Calling Administrative Patent Judge's attention to a discovered reference which makes a claim corresponding to a count unpatentable (37 CFR 1.641, MPEP § 2341).

Rejection of a previously allowed claim ( MPEP § 706.04).

Classification of allowed cases ( MPEP § 903.07).

Holding of abandonment for insufficient reply ( MPEP § 711.03(a)).

Suspension of examiner's action ( MPEP § 709).

Treatment of newly filed application which obviously fails to comply with 35 U.S.C. 112 ( MPEP § 702.01).

Consideration of the advisability of a patentability report ( MPEP § 705.01(a)).

Withdrawal of final rejection ( MPEP § 706.07(d) and § 706.07(e)).

All examiner's answers on appeal ( MPEP § 1208).

Decision on reissue oath or declaration ( MPEP § 1414).

Decision on affidavits or declarations under 37 CFR 1.131 ( MPEP § 715.08) and under 37 CFR 1.132 ( MPEP § 716).

Decision as to acceptance of amendments, statements, and oaths or declarations filed under 37 CFR 1.48 ( MPEP § 201.03).

International Preliminary Examination Reports ( MPEP § 1879).

For a list of actions that are to be submitted to the Technology Center Directors, see MPEP § 1002.02(c) and § 1003.

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