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720.03 Preliminary Hearing [R-2] - 700 Examination of Applications
720.03 Preliminary Hearing [R-2]
Where the examiner concludes that a prima facie showing has not been established, both the petitioner and the applicant are so notified by the Office of the Deputy Commissioner for Patent Examination Policy and the application proceedings are resumed without giving the parties an opportunity to be heard on the correctness of the examiner's decision. Where the examiner concludes that a prima facie case has been established, the *>Director of the USPTO< may hold a preliminary hearing. In such case, the parties will be notified by letter of the examiner's conclusion and of the time and date of the hearing. In ex parte cases, whether or not the examiner has concluded that a prima facie showing has been established, no copy of the examiner's memorandum to the **>Office of Patent Legal Administration (OPLA) staff member< will be forwarded to the petitioner. However, in such cases where the petition covers restrictable subject matter and it is evident that petitioner is not aware of a restriction requirement which has been or may be made, petitioner will be informed that the examiner's conclusion is limited to elected subject matter. While not so specifically captioned, the notification of this hearing amounts to an order to show cause why a public use proceeding should not be held. No new evidence is to be introduced or discussed at this hearing. The format of the hearing is established by the member of the **>OPLA staff<. The examiner may attend as an observer only.
Where the hearing is held in the ex parte situation, great care will be taken to avoid discussion of any matters of the application file which are not already of knowledge to petitioner. Of course, applicant may of his or her own action or consent notify the petitioner of the nature of his or her claims or other related matters.
After the hearing is concluded, the **>OPLA staff member< will decide whether public use proceedings are to be initiated, and he/she will send appropriate notice to the parties.
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