37 C.F.R. § 1.134

Time period for reply to an Office action

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An Office action will notify the applicant of any non-statutory or shortened statutory time period set for reply to an Office action. Unless the applicant is notified in writing that a reply is required in less than six months, a maximum period of six months is allowed.

[62 FR 53194, Oct. 10, 1997]
Notes of Decisions
Cited in 3 cases, 2002–2007 · leading case: In Re Stephen B. Bogese II, 303 F.3d 1362 (Fed. Cir. 2002).
In Re Stephen B. Bogese II, 303 F.3d 1362 (Fed. Cir. 2002). “§ 133 and 37 C.F.R. § 1.134 , Bogese was required to file his file wrapper continuation application within six months of the final rejection of the claims in the parent application to preserve the priority date of the parent application.”
Aristocrat Tech. Australia PTY Ltd. v. Int'l Game Tech. & IGT, 491 F. Supp. 2d 916 (N.D. Cal. 2007). “There, the patentee failed to timely respond to a three month-deadline created by the PTO under its own regulations — specifically, 37 C.F.R. § 1.134 . Id. at 702 . Here, the Plaintiff [pat-entee] failed to timely respond to a statutory requirement created by Congress.”
Enzo Therapeutics, Inc. v. Yeda Rsch. & Dev. Co., 477 F. Supp. 2d 699 (E.D. Va. 2007). “” 37 C.F.R. § 1.134 (2006). How-' ever, as § 1.”
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