Can an examiner make a final rejection during an interference?

Yes, an examiner can make a final rejection during an interference, but there are specific guidelines to follow. According to MPEP 2303:

“A rejection of claims in an application subject to an interference may be made final, but the finality of the rejection is limited in the same manner as for any application subject to a potential interference.”

This means that:

• Final rejections can be made during an interference
• The finality is subject to the same limitations as in any application with a potential interference
• Examiners must ensure that the final rejection is appropriate and justified

It’s important to note that while final rejections are possible, they should be made carefully and in accordance with standard examination procedures, taking into account the ongoing interference.

To learn more:

• interference
• final rejection
• patent examination
• MPEP 2303