What is the timeliness requirement for submitting evidence to traverse rejections?
Evidence traversing rejections must be timely filed to be considered. According to MPEP 716.01, evidence is considered timely if submitted:
- Prior to a final rejection
- Before appeal in an application not having a final rejection
- After final rejection, but before or on the same date of filing an appeal, with a showing of good and sufficient reasons
- After prosecution is closed, if filed with a Request for Continued Examination (RCE) or Continued Prosecution Application (CPA)
As stated in the MPEP: “Evidence traversing rejections must be timely or seasonably filed to be entered and entitled to consideration.”
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