MPEP § 706.07(c) — Final Rejection, Premature (Annotated Rules)

§706.07(c) Final Rejection, Premature

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 706.07(c), 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 Rejection, Premature

This section addresses Final Rejection, Premature. Primary authority: 37 CFR 1.181. Contains: 1 guidance statement.

Key Rules

Topic

Scope of 1.181 Petitions

1 rules
StatutoryRecommendedAlways
[mpep-706-07-c-6417f48ca1889c3dc241657c]
Premature Final Rejection Not Appealable
Note:
Final rejection prematureness can only be raised before primary examiner and reviewed by petition under 37 CFR 1.181.

Any question as to prematureness of a final rejection should be raised, if at all, while the application is still pending before the primary examiner. This is purely a question of practice, wholly distinct from the tenability of the rejection. It may therefore not be advanced as a ground for appeal, or made the basis of complaint before the Patent Trial and Appeal Board. It is reviewable by petition under 37 CFR 1.181. See MPEP § 1002.02(c).

Jump to MPEP Source · 37 CFR 1.181Scope of 1.181 PetitionsPetition to Supervisory Authority (37 CFR 1.181)Petition Procedures (MPEP 1002)

Citations

Primary topicCitation
Scope of 1.181 Petitions37 CFR § 1.181
Scope of 1.181 PetitionsMPEP § 1002.02(c)

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