How is a premature final rejection different from the tenability of a rejection?
The prematureness of a final rejection is distinct from the tenability (validity) of the rejection itself. As stated in MPEP 706.07(c): This is purely a question of practice, wholly distinct from the tenability of the rejection. In other words: Prematureness refers to whether the applicant has been given a fair opportunity to respond to the…
Read MoreWhat is a premature final rejection in patent examination?
A premature final rejection occurs when an examiner makes a rejection final before the applicant has been given a fair opportunity to react to the rejection. According to MPEP 706.07(c): Any question as to prematureness of a final rejection should be raised, if at all, while the application is still pending before the primary examiner.…
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