MPEP § 2308.01 — Final Disposal of Claims (Annotated Rules)

This page consolidates and annotates all enforceable requirements under MPEP § 2308.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Final Disposal of Claims

This section addresses Final Disposal of Claims.

Key Rules

Conditional Requirements (1)

MPEP GuidanceRecommendedAlways
[mpep-2308-01-87b137151a1e17a3679bb8f4]
No Allowable Claims Require Notice of Abandonment
Note:
If no claims remain allowable to the applicant after a judgment in an interference, a notice of abandonment should be issued.

Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim. No further action is needed from the examiner on that claim. If no claim remains allowable to the applicant, a notice of abandonment should be issued.

Definitions & Scope (2)

MPEP GuidanceInformativeAlways
[mpep-2308-01-a9810348fd602af820603943]
Judgment Against Claim Finally Disposes of It
Note:
A final judgment against a claim in an interference, including priority or patentability, disposes of the claim and requires no further examiner action. If all claims are abandoned, issue a notice of abandonment.

Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim. No further action is needed from the examiner on that claim. If no claim remains allowable to the applicant, a notice of abandonment should be issued.

MPEP GuidanceInformativeAlways
[mpep-2308-01-fcb33f62fe96279ae2cd9af1]
No Further Examiner Action Required on Claim After Final Disposal
Note:
After a claim is finally disposed of through judgment, no further action from the examiner is needed for that claim.

Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim. No further action is needed from the examiner on that claim. If no claim remains allowable to the applicant, a notice of abandonment should be issued.

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31