Can an examiner enter an amendment after final rejection that places the application in condition for allowance?
Can an examiner enter an amendment after final rejection that places the application in condition for allowance?
Yes, an examiner can enter an amendment after final rejection if it places the application in condition for allowance. The MPEP 714.12 explicitly states:
“An amendment filed after final rejection will be entered only if it places the application either in condition for allowance or in better form for appeal.”
If the examiner determines that the proposed amendment resolves all outstanding issues and makes the claims allowable, they will enter the amendment and proceed with issuing a Notice of Allowance. This practice promotes efficiency in patent examination by allowing examiners to quickly conclude prosecution when an applicant’s amendment overcomes all rejections.
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