How is a premature final rejection different from the tenability of a rejection?

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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. The prematureness of a final rejection is distinct from the tenability (validity) of the rejection itself. As stated in MPEP 706.07(c) : This is purely a question of practice, wholly distinct from the tenability of the rejection. In other words: Prematureness refers to whether the applicant has been given a fair opportunity to respond to the rejection before it was made final. Tenability refers to whether the substantive reasons for the rejection are valid and well-founded. An applicant can challenge the prematureness of a final rejection without necessarily disputing the underlying reasons for the rejection. 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 Can a premature final rejection be used as grounds for appeal? What is a premature final rejection in patent examination? 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?