How does 37 CFR 1.116 affect the entry of amendments after final rejection?
37 CFR 1.116 governs the entry of amendments after final rejection in patent applications. Key points include:
- Amendments may be made of right within the time period for reply.
- Amendments may be admitted upon a showing of good and sufficient reasons.
- No amendment may be made in an application after the mailing of the notice of allowance.
The MPEP 821.03 states: “If claims are added after an office action, they must be restricted to the invention previously claimed if the amendment is entered.” This rule is applied in conjunction with 37 CFR 1.116 to determine if new claims for a different invention can be entered after final rejection.
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