Can prosecution be reopened after an Ex parte Quayle action?

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.

Generally, prosecution on the merits is closed after an Ex parte Quayle action is issued. The MPEP 714.14 states:

Prosecution on the merits is closed in accordance with the practice under Ex parte Quayle, 25 USPQ 74, 453 OG 213 (Comm’r Pat. 1935).

However, this closure primarily relates to substantive examination. The prosecution may continue with respect to formal matters. In rare cases, if new issues arise or if the examiner discovers a fundamental problem with the application, prosecution might be reopened. Applicants should be aware that submitting amendments touching on the merits of the application after an Ex parte Quayle action may be treated similarly to amendments after final rejection.