Can an amendment filed before the Notice of Allowance but received after its mailing be approved for entry?
An amendment filed before the Notice of Allowance but received by the examiner after its mailing may not be approved for entry. The MPEP states:
“If the amendment is filed in the Office prior to the mailing of the notice of allowance, but is received by the examiner after the mailing of the notice of allowance, it may also not be approved for entry.”
This highlights the importance of timely filing and processing of amendments. The decision to approve such an amendment for entry is at the discretion of the examiner and depends on various factors, including the nature and timing of the amendment.
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