What happens to affidavits filed after final rejection but before a notice of appeal?

Affidavits or declarations filed after a final rejection but before a notice of appeal are handled according to specific MPEP sections. MPEP § 1211.03 states:

“Affidavits or declarations filed after a final rejection and prior to a notice of appeal are handled as provided in MPEP §§ 715.09, 716, and 716.01.”

These sections provide guidance on how examiners should treat such submissions, including considerations for overcoming prior art rejections (§ 715.09) and presenting evidence of unexpected results or other secondary considerations (§ 716 and § 716.01).

To learn more:

• Affidavits
• Final Rejection
• Notice of Appeal
• Patent Examination
• MPEP