1609 Report of Agricultural Research Service
Where the examiner considers it necessary to the examination of the plant patent application, a copy of the file and drawing of the application are forwarded to the National Program Leader for Horticultural Crops, Agricultural Research Service (ARS), U.S. Department of Agriculture, along with a request for a report as to whether the plant variety disclosed is new and distinct over known plant varieties. As the report is merely advisory to the Office, it is placed in the file but is not given a paper number. The copy of the report is customarily utilized by the examiner in the preparation of his or her action on the application.
The report may embody criticisms and objections to the disclosure, may offer suggestions for correction of such, or the report may merely state that:
“Examination of the specification submitted indicates that the variety described is not identical with others with which our specialists are familiar.”