What is the impact of amendments after final rejection on appeal rights?
Amendments submitted after a final rejection do not automatically remove the application from its appeal-ready or potentially abandoned status. As stated in MPEP 714.12:
The admission of, or refusal to admit, any amendment after a final rejection, a final action, an action closing prosecution, or any related proceedings will not operate to relieve the application or reexamination proceeding from its condition as subject to appeal or to save the application from abandonment under § 1.135.
This means that even if an amendment is submitted, the applicant must still be mindful of appeal deadlines and the potential for abandonment. If an amendment is not entered or does not place the application in condition for allowance, the applicant may need to proceed with an appeal or file a request for continued examination (RCE) to avoid abandonment.
To learn more: