How are supplemental replies treated when received after a Notice of Allowance?

Supplemental replies received after a Notice of Allowance are generally not approved for entry. The MPEP clarifies:

“If the amendment is a supplemental reply filed when action is not suspended, such an amendment will not be approved for entry because supplemental replies are not entered as matter of right.”

This is in accordance with 37 CFR 1.111(a)(2) and MPEP § 714.03(a). Supplemental replies are generally not entered as a matter of right, especially after a Notice of Allowance has been issued.

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Tags: notice of allowance, patent examination, Supplemental Reply