What is a premature final rejection in patent examination?
A premature final rejection occurs when an examiner makes a rejection final before the applicant has been given a fair opportunity to react to the rejection. According to MPEP 706.07(c):
Any question as to prematureness of a final rejection should be raised, if at all, while the application is still pending before the primary examiner. This is purely a question of practice, wholly distinct from the tenability of the rejection.
This means that if an applicant believes a final rejection has been made prematurely, they should raise this issue while the application is still being examined by the primary examiner.
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