[Patentpractice] Examiner did not really consider IDSs -- what to do or say?

Patent Lawyer patentlawyer995 at gmail.com
Wed Jan 29 00:06:59 UTC 2025


We've discussed this before, but I need some good language here.



A first office action includes the following statement:



*"The examiner has performed a cursory review of the references provided by
the applicant on Information Disclosure Statements (IDSs) but due to time
constraints cannot perform a detailed review of every reference. As such,
while the examiner has acknowledged that the references were received, this
is not to be construed as an admission that the instant application is not
anticipated by any of the provided references."*



It should not matter, but our IDSs included about 30 US patent documents, 5
foreign patent documents, and about 8 NPL documents, two of which were a
search report and written opinion for the PCT application.



I can't make the examiner read anything. But I don't want to leave their
statement unanswered.   At the very least, I want to say something like our
IDSs were filed according to the rules.



*The applicant's Information Disclosure Statements (IDSs) were filed in
compliance with 37 C.F.R. §§ 1.97 and 1.98, reflecting the applicant's good
faith effort to fulfill the duty of disclosure under 37 C.F.R. § 1.56. *



What else can I say?  "Do your effing job?"  Any argument for saying
nothing?
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