When should a Notice of Allowability be issued?

A Notice of Allowability should be issued promptly whenever an application has been placed in condition for allowance. The MPEP 1302.03 states:

“In all instances, both before and after final rejection, in which an application is placed in condition for allowance, applicant should be notified promptly of allowability of the claims by a Notice of Allowability PTOL-37.”

This means that the Notice of Allowability can be issued at various stages of the examination process, including before and after a final rejection, as long as the application meets the conditions for allowance.

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Tags: final rejection, notice of allowability, patent examination, USPTO