Can an examiner make a final rejection during an interference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, an examiner can make a final rejection during an interference, but there are specific guidelines to follow. According to MPEP 2303 : “A rejection of claims in an application subject to an interference may be made final, but the finality of the rejection is limited in the same manner as for any application subject to a potential interference.” This means that: Final rejections can be made during an interference The finality is subject to the same limitations as in any application with a potential interference Examiners must ensure that the final rejection is appropriate and justified It’s important to note that while final rejections are possible, they should be made carefully and in accordance with standard examination procedures, taking into account the ongoing interference. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Appeal From Final Rejection Must Be Completed Including Judicial Review MPEP 2303 Required Interference Should Be Suggested Only After Exhausting Other Issues MPEP 2303 Recommended Cancellation of Claims Allowed Without Restriction Requirement MPEP 2303 Permitted Reissue Applications Not Subject to Patent Term Adjustments MPEP 2303 Examiner Need Not Restrict Non-Interfering Claims in Reissue MPEP 2303 Claim Must Be Involved in Contested Case MPEP 2303 Examiner Must Consult IPS on Interference Status for Allowable Claims MPEP 2303 Recommended Delay Issuance of Non-Interfering Claims During Interference MPEP 2303 Application Not Ready for Interference If Rejection Contested MPEP 2303 Examination and Claim Requirements Before Contested Case Initiation MPEP 2303 Permitted Other Related FAQs 5 FAQs Collapse What happens if an applicant fails t...