MPEP § 1002.02(d) — Petitions and Matters Decided by Supervisory Patent Examiners

Ninth Edition, Revision 01.2024 · last revised R-08.2017

1. Entry of amendments under 37 CFR 1.312 which embody more than merely the correction of formal matters without changing the scope of any claim, MPEP §§ 714.16 and 714.16(d).

2. Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.

3. Requests for a certificate of correction submitted under 37 CFR 1.322 or 1.323 unless the error is clearly minor, clerical or typographical, in which case it is handled by the Certificates of Correction Branch.

4. Requests for a certificate of correction to correct a claim even if the request is submitted under 37 CFR 1.322, MPEP § 1480.

5. Petitions under 37 CFR 1.324 to correct errors in joining inventors in a patent that is not involved in an interference, MPEP § 1481.02.

6. Disapproval of preliminary amendments under 37 CFR 1.115 or second (or subsequent) supplemental amendments (3^rd reply) under 37 CFR 1.111, MPEP §§ 714.01(e) and 714.03(a).

7. Letters to an applicant suggesting claims for purposes of interference, or the submission of Form PTO-850, where one or more claims of one application would differ from corresponding claims of another application. See 37 CFR 41.202 and MPEP § 2304.04 et seq.

8. Amendments presented after decision in an appeal by the Patent Trial and Appeal Board as to which the primary examiner recommends entry as placing the application in condition for allowance. See MPEP § 1214.07.

9. Petitions under 37 CFR 1.84 to accept photographs or color drawings in patent applications, MPEP § 608.02, subsection VIII.

10. Withdrawal from appeal of an application remanded by the Patent Trial and Appeal Board. See MPEP § 1211.01.

11. Requests for deferral of examination under 37 CFR 1.103(d), MPEP § 709.