Can a final rejection be issued after a non-responsive amendment?

Yes, a final rejection can be issued after a non-responsive amendment if the claims are clearly open to rejection on grounds of record. The MPEP 714.04 states:

However, if the claims as amended are clearly open to rejection on grounds of record, a final rejection should generally be made.

This means that even if an amendment fails to point out patentable novelty, the examiner may proceed with a final rejection if:

• The amended claims are still rejectable based on the existing grounds of rejection
• No new issues are introduced that would require further consideration or search

It’s important to note that while a final rejection may be issued, the examiner should still consider whether the amendment is fully responsive and may set a new time period for a proper reply if necessary.

To learn more:

• final rejection
• non-responsive amendment
• MPEP 714.04
• patent examination

To learn more:

• MPEP 714.04