Editing MPEP 724
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Latest revision | Your text | ||
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expunged. | expunged. | ||
Upon receipt of the submission, the transmittal letter | Upon receipt of the submission, the transmittal letter | ||
and the envelope or container will be date stamped | and the envelope or container will be date stamped | ||
and brought to the attention of the examiner or other | and brought to the attention of the examiner or other | ||
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treated in the following manner: | treated in the following manner: | ||
(A) The submitted material will be maintained in | (A)The submitted material will be maintained in | ||
the original envelope or container (clearly marked | the original envelope or container (clearly marked | ||
“Not Open To The Public”) and will not be publicly | “Not Open To The Public”) and will not be publicly | ||
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the petition was denied. | the petition was denied. | ||
(B) If the application is to be abandoned, prior | (B)If the application is to be abandoned, prior | ||
to the mailing of a notice of abandonment, the examiner | to the mailing of a notice of abandonment, the examiner | ||
will review the patent application file and determine | will review the patent application file and determine | ||
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granted and the information expunged. | granted and the information expunged. | ||
(F) If a petition to expunge is not filed prior | (F) If a petition to expunge is not filed prior | ||
to the mailing of the notice of allowability, the materials | to the mailing of the notice of allowability, the materials | ||
submitted under MPEP § 724.02 will be released | submitted under MPEP § 724.02 will be released | ||
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fee (37 CFR 1.14). | fee (37 CFR 1.14). | ||
(G) Any petition to expunge the submitted information | (G)Any petition to expunge the submitted information | ||
or any portion thereof under 37 CFR 1.59(b) | or any portion thereof under 37 CFR 1.59(b) | ||
will be treated in accordance with MPEP § 724.05. | will be treated in accordance with MPEP § 724.05. | ||
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1.11(b) will be treated in the following manner: | 1.11(b) will be treated in the following manner: | ||
(A) Materials submitted under MPEP § 724.02will only be released to the public with any other | (A)Materials submitted under MPEP § 724.02will only be released to the public with any other | ||
application papers if no petition to expunge (37 CFR | application papers if no petition to expunge (37 CFR | ||
1.59) was filed prior to the mailing of a notice of | 1.59) was filed prior to the mailing of a notice of | ||
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allow the application to issue as a patent. | allow the application to issue as a patent. | ||
(B) If the reissue application is to be abandoned, | (B)If the reissue application is to be abandoned, | ||
prior to the mailing of a notice of abandonment, the | prior to the mailing of a notice of abandonment, the | ||
examiner will review the reissue application file and | examiner will review the reissue application file and | ||
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1.11(b). | 1.11(b). | ||
(C) If the reissue application is being allowed, | (C)If the reissue application is being allowed, | ||
prior to the mailing of a notice of allowability, the | prior to the mailing of a notice of allowability, the | ||
examiner will review the reissue application file and | examiner will review the reissue application file and | ||
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examiner in deciding whether to allow the application | examiner in deciding whether to allow the application | ||
to issue as a patent. | to issue as a patent. | ||
(D) If any portion or all of the submitted information | (D) If any portion or all of the submitted information | ||
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part of the reissue application file and open to the | part of the reissue application file and open to the | ||
public. | public. | ||
(E) If any portion or all of the submitted information | (E) If any portion or all of the submitted information | ||
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granted and the information expunged. | granted and the information expunged. | ||
(F) If a petition to expunge is not filed prior | (F)If a petition to expunge is not filed prior | ||
to the mailing of the notice of allowability, the materials | to the mailing of the notice of allowability, the materials | ||
submitted under MPEP § 724.02 will become a | submitted under MPEP § 724.02 will become a | ||
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to the public under 37 CFR 1.11(b). | to the public under 37 CFR 1.11(b). | ||
(G) Any petition to expunge a portion or all of the | (G)Any petition to expunge a portion or all of the | ||
submitted information will be treated in accordance | submitted information will be treated in accordance | ||
with MPEP § 724.05. | with MPEP § 724.05. | ||
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1.11(d) will be treated in the following manner: | 1.11(d) will be treated in the following manner: | ||
(A) Materials submitted under MPEP § 724.02will only be released to the public with any other | (A)Materials submitted under MPEP § 724.02will only be released to the public with any other | ||
papers in the reexamination file if no petition to | papers in the reexamination file if no petition to | ||
expunge (37 CFR 1.59) was filed prior to the mailing | expunge (37 CFR 1.59) was filed prior to the mailing | ||
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deciding whether or not a claim is patentable. | deciding whether or not a claim is patentable. | ||
(B) Prior to the mailing of a NIRC, the examiner | (B)Prior to the mailing of a NIRC, the examiner | ||
will review the reexamination file and determine if a | will review the reexamination file and determine if a | ||
petition to expunge is in the reexamination file but not | petition to expunge is in the reexamination file but not | ||
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whether or not a claim is patentable. | whether or not a claim is patentable. | ||
(C) If any portion or all of the submitted information | (C)If any portion or all of the submitted information | ||
is found important to a reasonable examiner in | is found important to a reasonable examiner in | ||
deciding whether or not a claim is patentable, the | deciding whether or not a claim is patentable, the | ||
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reexamination file and open to the public. | reexamination file and open to the public. | ||
(D) If any portion or all of the submitted information | (D)If any portion or all of the submitted information | ||
is found not to be important to a reasonable | is found not to be important to a reasonable | ||
examiner in deciding whether or not a claim is patentable, | examiner in deciding whether or not a claim is patentable, | ||
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the information expunged. | the information expunged. | ||
(E) If a petition to expunge is not filed prior to | (E)If a petition to expunge is not filed prior to | ||
the mailing of the NIRC, the materials submitted | the mailing of the NIRC, the materials submitted | ||
under MPEP § 724.02 will become a permanent part | under MPEP § 724.02 will become a permanent part |