What happens if an examiner discovers prior art after a notice of allowance?
If an examiner discovers prior art after a notice of allowance has been mailed, they may initiate a rejection process. According to MPEP 1308.01:
“If the examiner discovers prior art after allowance that meets the requirements for rejections based on prior art, the examiner should first consider whether the reference(s) was cited in an Information Disclosure Statement (IDS) filed after allowance.”
The examiner will then determine if a rejection is necessary based on the newly discovered prior art. If so, they will follow the procedures outlined in MPEP 1308.01 for initiating a rejection after allowance.
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