How are after-final amendments and evidence handled when reopening prosecution?
When reopening prosecution after an appeal, examiners must generally consider any previously unaddressed after-final amendments or evidence. According to MPEP 1207.04: “Ordinarily any after final amendment or affidavit or other evidence that was not entered before must be entered and considered on the merits as part of the action reopening prosecution.” However, there are exceptions…
Read MoreHow should examiners handle after-final amendments or evidence in relation to an Examiner’s Answer?
When handling after-final amendments or evidence in relation to an Examiner’s Answer, examiners should: Ensure each after-final amendment or evidence is indicated as entered or not-entered Issue an advisory action for each after-final amendment or evidence Not comment on affidavits, declarations, or exhibits that were refused entry The MPEP states: “Before preparing the answer, the…
Read More