Can a premature final rejection be used as grounds for appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a premature final rejection cannot be used as grounds for appeal. MPEP 706.07(c) explicitly states that the issue of prematureness “may therefore not be advanced as a ground for appeal, or made the basis of complaint before the Patent Trial and Appeal Board.” This is because the prematurity of a final rejection is considered a procedural matter rather than a substantive issue related to the patentability of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Premature Final Rejection Not Appealable MPEP 706.07(c) Recommended Prior Art Search for Claims MPEP 706 Review Claims with Prior Art MPEP 706 Recommended Examiner Must Clearly Articulate Rejections Early MPEP 706 Information Required Before First Office Action on Merits MPEP 706 Required Examiner Must Allow Properly Defined Invention Claims MPEP 706 Recommended Uniform Patentability Standards Must Be Met MPEP 706 Required Detailed Claims Do Not Guarantee Allowance MPEP 706 Patentability Issues Must Be Resolved Before Allowance MPEP 706 Recommended Claim Rejection Standard Must Be Preponderance of Evidence MPEP 706 Other Related FAQs 5 FAQs Collapse What is a premature final rejection in patent examination? How is a premature final rejection different from the tenability of a rejection? What is the difference between the prematurity and tenability of a final rejection? When should an issue of premature final rejection be raised? When should an applicant raise the issue of a premature final rejection?