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1004    Actions Which Require the Attention of a Primary Examiner [R-08.2012]

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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Last Modified: 03/27/2014 10:10:32