Can I submit an affidavit after a final rejection in a patent application?
Yes, you can submit an affidavit after a final rejection, but there are specific conditions. According to MPEP 715.09:
Affidavits and declarations submitted under 37 CFR 1.131(a) and other evidence traversing rejections are considered timely if submitted: … (C) after final rejection, but before or on the same date of filing an appeal, upon a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented in compliance with 37 CFR 1.116(e).
Additionally, you can submit an affidavit after the prosecution is closed (including after final rejection) if you file it with a request for continued examination (RCE) or a continued prosecution application (CPA) in design applications.
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