700 Examination of Applications

Error and/or ambiguity in 704.13: Time Periods for reply

The second paragraph of this section states that "Applicant may extend the time period of reply up to six months in accordance with 37 CFR 1.136(a)."

 

As this is a paragraph describing the mailing of a requirement for information that is NOT part of an action on the merits, it is unclear to me whether the maximum statutory period for reply of six months is applicable.

 

Regardless, as drafted it seems ambiguous to me; "extend the time period for reply up to six months" coudl be interpreted as an assertion that the time period can be extended to a duration of six months (i.e., the statutory maximum for and Office action) OR that the time period can be extended by six months in addition to whatever time period was originally granted in the request for information (patently false in any case).

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Idea No. 164