When can an examiner reject a previously allowed claim without SPE approval?

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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. An examiner can reject a previously allowed claim without obtaining supervisory patent examiner (SPE) approval in one specific situation: According to MPEP 706.04 : If the examiner discovers, at the time of signing the notice of allowance, or after the notice of allowance has been mailed, that the prior art or other evidence necessary to reject a claim is apparently of record in the application, they may reject the claim. In this case, the examiner can proceed with the rejection without SPE approval, but they must still provide a clear explanation for the rejection in the Office action. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Must Be Unpatentable to Reject MPEP 706 Recommended Claim Rejection Standard Must Be Preponderance of Evidence MPEP 706 Prior Art Search for Claims MPEP 706 Review Claims with Prior Art MPEP 706 Recommended Information Required Before First Office Action on Merits MPEP 706 Required Proper First Office Action After RCE Denial MPEP 706.07(b) Required Merits Office Action Is Final Except New Grounds Not Necessitated By Claims MPEP 706.07(g) Primary Examiner Must Sign Rejection of Previously Allowed Claim MPEP 706.04 Required Examiner Must Indicate Previous Allowance When Rejecting Claim MPEP 706.04 Recommended Care Required for Rejection of Previously Allowed Claims MPEP 706.04 Recommended Other Related FAQs 5 FAQs Collapse What is the role of a primary examiner in rejecting previously allowed claims? What is the process for rejecting previously allowed claims in patent examination? What is the purpose of allowing rejection of previously allowed claims? Can a previously allowed patent claim be rejected? What is the significance o...