This page consolidates MPEP guidance interpreting 37 CFR § 1.113, including 92 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

The Final rejection or action is a formal response by the examiner to an application, which must be addressed in petitions under 37 CFR 1.113.

What this section covers

• This section covers petitions under 37 CFR 1.113 relating to objections or requirements made by the examiners during a final rejection.

Key obligations

• Petitions must address the examiner’s objections or requirements made during a final rejection.
• Petitions should not be fully responsive to non-final office actions, as they are not approved for entry.
• Any rejection based on assertions that a fact is well-known or common knowledge in the art without documentary evidence should be judiciously applied.

Practice notes

• Petitions should not give the examiner a time period to supply an omission.
• Official notice should be rarely used when an application is under final rejection or action.

Related Provisions

• 37 CFR § 1.116
• 37 CFR § 1.114
• 37 CFR § 1.311
• 37 CFR § 1.703
• 37 CFR § 41.31

Based on MPEP Last Modified: 10/30/2024 08:50:22