What happens if rejoined claims are found unpatentable after rejoinder?
If rejoined claims are found unpatentable after rejoinder, the examiner will take appropriate action based on the patentability determination. The MPEP 821.04 provides guidance on this situation: “Rejoined claims must be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including…
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