Can a premature final rejection be used as grounds for appeal?

No, a premature final rejection cannot be used as grounds for appeal. MPEP 706.07(c) explicitly states that the issue of prematureness “may therefore not be advanced as a ground for appeal, or made the basis of complaint before the Patent Trial and Appeal Board.” This is because the prematurity of a final rejection is considered a procedural matter rather than a substantive issue related to the patentability of the invention.

To learn more:

• final rejection
• patent examination
• premature rejection
• patent appeal