How are amendments handled in applications with closed prosecution on the merits?
In applications where prosecution on the merits is closed (e.g., after an Ex Parte Quayle action), amendments are handled as follows: Amendments curing noted formal defects are entered. New claims or amendments requiring further search or consideration are not entered. According to MPEP 714.20: “In an application in which prosecution on the merits is closed,…
Read MoreCan affidavits or declarations be submitted after the prosecution is closed?
Yes, affidavits or declarations under 37 CFR 1.130 can be submitted after the prosecution is closed, but only under specific circumstances. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (D) after the prosecution is closed (e.g., after a final rejection,…
Read More