How should examiners handle after-final amendments or evidence in relation to an Examiner’s Answer?

When handling after-final amendments or evidence in relation to an Examiner’s Answer, examiners should:

• Ensure each after-final amendment or evidence is indicated as entered or not-entered
• Issue an advisory action for each after-final amendment or evidence
• Not comment on affidavits, declarations, or exhibits that were refused entry

The MPEP states: “Before preparing the answer, the examiner should make certain that each after-final amendment or evidence has been indicated as being entered or not-entered and an advisory action has been entered for each after-final amendment or evidence to notify the appellant of the entry or non-entry.“

It’s important to note that the Board may remand applications where after-final amendments or evidence haven’t been properly addressed.

To learn more:

• After-Final Amendments
• Evidence
• Examiner’s Answer
• Patent Appeal
• Advisory Action