MPEP § 1004 — MPEP § 1004
Current through: 2022-07-01

1004-Actions Which Require the Attention of a Primary Examiner 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1000 

 Section 1004 
 

 
 
 
 
 
 1004 Actions Which Require the Attention of a Primary
 Examiner [R-10.2019]
 

 Existing practice requires the primary examiner to be personally
 responsible for the following actions:
 

 1. Allowances ( MPEP § 1302.13 ).
 

 2. Examiner’s amendments ( MPEP § 1302.04 ).
 

 3. Quayle actions ( MPEP § 714.14 ).
 

 4. Final rejections ( MPEP § 706.07 ).
 

 5. Final Office actions containing a final requirement for
 restriction ( MPEP §
 803.01 ).
 

 6. Withdrawal of final rejection ( MPEP §§ 706.07(d) and
 706.07(e) ).
 

 7. Actions on amendments submitted after final rejection
 ( MPEP §
 714.12 ).
 

 8. All examiner’s answers on appeal ( MPEP § 1207 ). 
 

 9. Actions reopening prosecution ( MPEP § 1214.07 ).
 

 10. Entry of amendments under 37 CFR 1.312 that are
 directed merely to formal matters or the cancellation of claims ( MPEP § 714.16 ).
 

 11. Rejection of a previously allowed claim ( MPEP § 706.04 ).
 

 12. Holding of abandonment for insufficient reply ( MPEP § 711.03(a) ).
 

 13. Decision on affidavits or declarations (for example, under
 37 CFR
 1.130(a) ( MPEP § 717.01(a) et seq. ), 37 CFR 1.130(b) ( MPEP § 717.01(b) et
 seq. ), 37 CFR 1.131(a) ( MPEP § 715.08 ),
 37 CFR
 1.131(c) ( MPEP § 718 ), or 37 CFR 1.132 
 ( MPEP §
 716 )).
 

 14. First request for suspension of examiner’s action
 ( MPEP §
 709 ).
 

 15. Decision on reissue oath or declaration ( MPEP § 1414 ).
 

 16. International Preliminary Examination Reports ( MPEP § 1879 ).
 

 17. Classification of allowed cases ( MPEP § 903.07 ).
 

 18. Treatment of newly filed application which obviously fails to comply
 with 35 U.S.C.
 112 ( MPEP § 702.01 ).
 

 19. Consideration of the advisability of a patentability report
 ( MPEP §
 705.01(a) ).
 

 20. Requests filed prior to September 16, 2012 under 37 CFR 1.48 for
 correction of inventorship or to accept amendments, statements, or oaths or declarations
 under 37 CFR 1.48 (See MPEP § 602.01(c)(3) in Revision 08.2017 of the Ninth Edition of the
 MPEP, published in January 2018).
 

 21. Actions suggesting claims for interference purposes
 ( MPEP §§
 2304.04 , 2304.04(b) ). Note that the examiner should
 consult with a Technology Center Practice Specialist (TCPS), MPEP § 2304.04 .
 

 22. Actions involving copied patent claims
 ( MPEP §
 2304.04(b) .
 

 23. Suggesting an interference ( MPEP § 2304.04 ).
 

 24. Calling Administrative Patent Judge’s attention to a discovered
 reference which makes a claim corresponding to a count unpatentable.
 

 For matters decided by supervisory patent examiners, see
 MPEP §
 1002.02(d) .
 

 For a list of actions that are to be submitted to the Technology Center
 Directors, see MPEP
 §§ 1002.02(c) and 1003 .
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 1001-Statutory Authority of Director of the USPTO 
 1001.01-Modes of Exercising Authority 

 
 

 1002-Petitions to the Director of the USPTO 
 1002.01-Procedure 

 1002.02-Delegation of Authority To Decide Petitions 
 1002.02(a)-[Reserved] 

 1002.02(b)-Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office
 of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office 

 1002.02(c)-Petitions and Requests Decided by the Technology Center Directors 
 1002.02(c)(1)-Petitions Decided by the Director of the Technology Center Who Oversees Licensing and Review 

 1002.02(c)(2)-[Reserved] 

 1002.02(c)(3)-Petitions and Requests Decided by the Director of Technology Center 2900 

 1002.02(c)(4)-Petitions Decided in the Central Reexamination Unit 

 
 

 1002.02(d)-Petitions and Matters Decided by Supervisory Patent Examiners 

 1002.02(e)-[Reserved] 

 1002.02(f)-Petitions and Matters Decided by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board 

 1002.02(g)-Petitions Decided by the Administrative Patent Judges 

 1002.02(h)-[Reserved] 

 1002.02(i)-Petitions Decided by the Commissioner for Trademarks 

 1002.02(j)-Petitions Decided by the Patent Trial and Appeal Board 

 1002.02(k)-Matters Decided by the General Counsel, the Office of General Law and the Solicitor 
 1002.02(k)(1)-Petitions and Matters Decided by the General Counsel 

 1002.02(k)(2)-Requests Decided by the Office of General Law 

 1002.02(k)(3)-Petitions Decided by the Solicitor 

 
 

 1002.02(l)-Requests Decided by the Certificates of Correction Branch 

 1002.02(m)-Petitions Decided by the Director of the Office of Enrollment and Discipline 

 1002.02(n)-[Reserved] 

 1002.02(o)-Petitions and Other Matters Decided by the Deputy Director of the USPTO 

 1002.02(p)-Petitions and Matters Decided by the Director of International Patent Legal Administration 

 1002.02(q)-Petitions and Requests Decided by the Director of Office of Patent Application Processing (OPAP) 

 1002.02(r)-Petitions Decided by the Director of Office of Data Management 

 1002.02(s)-Petitions and Matters Decided in the Technology Centers 

 1002.02(t)-Requests Decided by the Deputy Commissioner for Patents who oversees the Office of Information Technology for Patents 

 
 

 
 

 1003-Matters Submitted to Technology Center Directors 

 1004-Actions Which Require the Attention of a Primary Examiner 

 1005-Exceptions to Partial Signatory Authority 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:24