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September 25, 2013


An interesting paper, but in my mind does not go far enough in re-engineering the examination process.

I actually like all of their ideas here, save perhaps for the third action before we essentially go "final" even though they don't want to call it that.

Why they think there is a need for three actions before RCE is either not discussed or Kev didn't discuss it. I see no particular reason. I should think that the two we do today should suffice.

By the by, does anyone know if the examiner has the discretion to enter applicant's submitted evidence after a final action has issued? Or is it just straight up prohibited from being entered?

"Instead RCEs are docketed such that a patent examiner need only take one RCE up for action every 1-2 months."

That is actually not true at all. It's luck of the draw how long it takes before you have to do an RCE. Sometimes the examiner has a lot of CON/DIVs on the same docket that RCEs go to so it could be much longer than 1-2 mo. On the other hand, he may have none, and thus it requires him to do an RCE every 2 weeks or so.

The authors appear to be confused about the basics underlying the current system.

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