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37 CFR 1.181 states that the examiner "may be directed by the Commissioner to furnish a written statement within a specific time setting forth the reasons for his or her decision upon the matters averred in the petition, supplying a copy thereof to the petitioner." Unless requested, however, such a statement should not be prepared. See MPEP § 1002.01.
Access to an abandoned application may be provided to any person, subject to 37 CFR 1.14(i), if a written request for access is submitted and if the abandoned application is not within the file wrapper of a pending continued prosecution application (CPA) under 37 CFR 1.53(d) and is referred to:
(A) in a U.S. patent application publication or patent;
(B) in another U.S. application which is open to public inspection either pursuant to 37 CFR 1.11(b) or 37 CFR 1.14(e)(2)(i); or
(C) in an international application which designates the U.S. and is published in accordance with PCT Article 21(2).
See 37 CFR 1.14(e)(2). A copy of the specification, drawings, and papers relating to the file of an abandoned published application may also be provided to any person upon written request, including the fee set forth in 37 CFR 1.19(b)(2). See 37 CFR 1.14(c)(2). See also MPEP § 103. Form PTO/SB/68 may be used to request access of an application under 37 CFR 1.14(e).
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