Comments on: Q) Interviews (10.03.3a)

By: GDB

GDB — Fri, 13 Apr 2012 17:08:52 +0000

There is no right to an interview after a final rejection. It is at the discretion of the examiner – see below: MPEP 713.09

Normally, one interview after final rejection is permitted. However, prior to the interview, the intended purpose and content of the interview should be presented briefly, preferably in writing. Such an interview may be granted if the examiner is convinced that disposal or clarification for appeal may be accomplished with only nominal further consideration. Interviews merely to restate arguments of record or to discuss new limitations which would require more than nominal reconsideration or new search should be denied. See MPEP § 714.13.

By: Kerstin

Kerstin — Tue, 07 Feb 2012 02:49:24 +0000

Miranda-I’d still go with B, as in A the inventor calls the examiner, vs. the other way around which would seem more in line with MPEP 713 as stated above. If the examiner needs something more then will call. B still seems more correct to me.

By: Miranda

Miranda — Sat, 04 Feb 2012 02:38:50 +0000

so both A and B are correct per mpep revision 8, correct?

By: Kforsythe

Kforsythe — Tue, 18 Oct 2011 22:57:59 +0000

Thank you!

By: maggie

maggie — Tue, 18 Oct 2011 22:57:11 +0000

You are right!

You don’t have the right to an interview
(1) before 1 office action ( in new application but ok in sub/continue app)
(2) after final rejection
(3) during appeal

By: Kforsythe

Kforsythe — Tue, 18 Oct 2011 22:51:39 +0000

Any current thoughts on what the right answer is right now? I’d still go with B…thoughts? Any havethis recently? It is still my understanding that you don’t have the “right” to an interview after a final rejection. Correct me if I am wrong.

By: dk

dk — Thu, 15 Sep 2011 05:38:10 +0000

There is no continuing application M. The old analysis has not changed.

By: M

Wed, 10 Aug 2011 00:39:29 +0000

I meant to say “also correct”

By: M

Wed, 10 Aug 2011 00:37:23 +0000

Same as 4.03.20p
“A” is probably correct now as previously stated.

By: LM

LM — Thu, 06 Jan 2011 06:36:00 +0000

You are right Shreya – i did not read in detail. 713.02 deals with interview before first office action and answer choice D deals with after final action. I guess BarBri material is with error – Number_27 should ask BarBri for clarification.