What actions does an examiner take after an application is withdrawn from issue?
Once an application has been withdrawn from issue due to new grounds for rejection, the examiner must take specific actions. According to MPEP 1308.01:
“After the TC Director has withdrawn the application from issue, the examiner will prepare an Office action stating that the application has been withdrawn from issue, citing any new reference(s), and rejecting the claims based upon the approved new grounds of rejection.”
The examiner’s actions include:
- Preparing a new Office action
- Stating that the application has been withdrawn from issue
- Citing any new references
- Rejecting the claims based on the approved new grounds
The MPEP also notes: “See MPEP § 706.07 for guidance on making this rejection final.” This suggests that the new rejection may be made final under certain circumstances.
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