What criteria does an examiner use to decide on entering claims for a different invention after final rejection?
When deciding whether to enter claims for a different invention after final rejection, an examiner considers several factors: Compliance with 37 CFR 1.116 Whether the claims are clearly allowable The extent of additional search required The amount of additional examination time needed The MPEP 821.03 provides guidance: “The claims are not entered as a matter…
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