Can an examiner withdraw the finality of a rejection after an application is abandoned?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. No, an examiner cannot withdraw the finality of a rejection once an application is abandoned. The MPEP 706.07(d) explicitly states: “The examiner cannot withdraw the final rejection once the application is abandoned.” This emphasizes the importance of addressing final rejections and considering requests for reconsideration before an application reaches abandoned status. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Cannot Withdraw Final Rejection After Abandonment MPEP 706.07(d) Prohibited Finality of Office Action Must Be Withdrawn While Application Is Pending MPEP 706.07(d) Required Next Office Action May Be Final After Withdrawal of Finality MPEP 706.07(d) Permitted Use Form Paragraph 7.42 for Withdrawing Finality of Rejection MPEP 706.07(d) Recommended Premature Final Rejection Withdrawal Required on Applicant Request MPEP 706.07(d) Recommended Information Required Before First Office Action on Merits MPEP 706 Required Reconsideration and Examination After Response MPEP 706 Prior Art Search for Claims MPEP 706 Review Claims with Prior Art MPEP 706 Recommended Examiner Must Clearly Articulate Rejections Early MPEP 706 Other Related FAQs 5 FAQs Collapse After withdrawing the finality of a rejection, can the next Office action be made final? What is the purpose of withdrawing the finality of a rejection? When can an examiner withdraw the finality of a rejection? What form paragraph should an examiner use when withdrawing the finality of a rejection? How does the USPTO handle IDSs in Requests for Continued Examination (RCE)?