MPEP § 706.07(d) — Final Rejection, Withdrawal of, Premature (Annotated Rules)
§706.07(d) Final Rejection, Withdrawal of, Premature
This page consolidates and annotates all enforceable requirements under MPEP § 706.07(d), 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, Withdrawal of, Premature
This section addresses Final Rejection, Withdrawal of, Premature. Contains: 1 requirement, 1 prohibition, 2 guidance statements, and 1 permission.
Key Rules
Types of Office Actions
If, on request by applicant for reconsideration, the primary examiner finds the final rejection to have been premature, he or she should withdraw the finality of the rejection. The finality of the Office action must be withdrawn while the application is still pending. The examiner cannot withdraw the final rejection once the application is abandoned.
Once the finality of the Office action has been withdrawn, the next Office action may be made final if the conditions set forth in MPEP § 706.07(a) are met.
Examiner Signature Authority
If, on request by applicant for reconsideration, the primary examiner finds the final rejection to have been premature, he or she should withdraw the finality of the rejection. The finality of the Office action must be withdrawn while the application is still pending. The examiner cannot withdraw the final rejection once the application is abandoned.
Final Office Action
If, on request by applicant for reconsideration, the primary examiner finds the final rejection to have been premature, he or she should withdraw the finality of the rejection. The finality of the Office action must be withdrawn while the application is still pending. The examiner cannot withdraw the final rejection once the application is abandoned.
Form Paragraph Usage
Form paragraph 7.42 should be used when withdrawing the finality of the rejection of the last Office action.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
Applicant’s request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Citations
| Primary topic | Citation |
|---|---|
| Types of Office Actions | MPEP § 706.07(a) |
| Form Paragraph Usage | Form Paragraph § 7.42 |
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.
Official MPEP § 706.07(d) — Final Rejection, Withdrawal of, Premature
Source: USPTO706.07(d) Final Rejection, Withdrawal of, Premature [R-08.2012]
If, on request by applicant for reconsideration, the primary examiner finds the final rejection to have been premature, he or she should withdraw the finality of the rejection. The finality of the Office action must be withdrawn while the application is still pending. The examiner cannot withdraw the final rejection once the application is abandoned.
Once the finality of the Office action has been withdrawn, the next Office action may be made final if the conditions set forth in MPEP § 706.07(a) are met.
Form paragraph 7.42 should be used when withdrawing the finality of the rejection of the last Office action.