Can 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 (§ 1.949) in an inter partes reexamination filed under § 1.913 but before or on the same date of filing an appeal (§ 41.31 or § 41.61 of this title), may be admitted upon a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented.
This means that to submit affidavits or evidence after final rejection, you must demonstrate good reasons for the late submission and explain why it couldn’t have been presented earlier.
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