Will comments related to non-prior art issues be permitted (e.g., comments regarding non-statutory subject matter)?
Comments submitted via the Peer-to-Patent website are regulated by the website's submission rules and procedures, please see http://dotank.nyls.edu/communitypatent/about.html for more information. [Links to non-Federal Government Web sites do not imply endorsement of this particular organization or the content on these sites.]
However, Examiners will only consider comments regarding the application of the submitted document as prior art. Other comments, such as a comment on the applicability of 35 U.S.C. § 112, will not be considered. These comments will be either redacted or discarded in their entirety by the Office.
The prohibition on comments or explanations is intended to avoid even the appearance of a pre-grant opposition procedure. If the evidence is adequate, without any comment or explanation it should inform the examiner of possible statutory or regulatory impediments to approval for grant of the application.