Can multiple interviews be conducted after a final rejection?
While uncommon, multiple interviews after a final rejection are possible under certain circumstances. The MPEP 713.09 states: A second or further interview after a final rejection may be held if the examiner is convinced that it will expedite the issues for appeal or disposal of the application. This means that additional interviews may be granted…
Read MoreCan affidavits or evidence be submitted after a final rejection?
Yes, affidavits or other evidence can be submitted after a final rejection, but under specific conditions. According to MPEP 714.12: An affidavit or other evidence submitted after a final rejection or other final action (§ 1.113) in an application or in an ex parte reexamination filed under § 1.510, or an action closing prosecution (§…
Read MoreWhat happens if an affidavit or declaration is submitted after a final rejection?
If an affidavit or declaration under 37 CFR 1.130 is submitted after a final rejection, it can still be considered timely under certain conditions. 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: […] (C) after final rejection, but before or on…
Read MoreHow are appeals handled in Secrecy Order patent cases?
For patent applications under a Secrecy Order, prosecution proceeds as normal, including issuing final rejections that the applicant must properly reply to. If the applicant files an appeal, it must be completed to prevent abandonment of the application. However, as noted in MPEP 130, “such appeal will not be set for hearing by the Patent…
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