What criteria does an examiner use to decide on entering claims for a different invention after final rejection?
When deciding whether to enter claims for a different invention after final rejection, an examiner considers several factors:
- Compliance with 37 CFR 1.116
- Whether the claims are clearly allowable
- The extent of additional search required
- The amount of additional examination time needed
The MPEP 821.03 provides guidance: “The claims are not entered as a matter of right. They may be admitted if the amendment complies with 37 CFR 1.116. The examiner has discretion to refuse entry of any claim that is not clearly allowable.” This discretion allows examiners to manage their workload efficiently while ensuring a fair examination process.
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