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700 Examination of Applications

Clarify 7.38: "any of the references being used" is incorrect

Subject: MPEP 707.07(f), form paragraph 7.38 (p. 700-160, Nov. 2015)

The current language says "Applicant’s arguments ... are moot because [they] do not apply to any of the references being used in the current rejection." However, I regularly see this paragraph in second 103 rejections when some references have been carried forward. Would you please update the language to match how it is used, or add a separate form... more »


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