How does an Information Disclosure Statement (IDS) affect final rejections?
An Information Disclosure Statement (IDS) can affect final rejections in patent examination as follows:
- If an IDS is filed during the period set forth in 37 CFR 1.97(c) with the required fee, the examiner may use the information in the IDS to make the next Office action final, even if the claims haven’t been amended.
- The examiner can make a final rejection based on the IDS information as long as no other new ground of rejection is introduced that wasn’t necessitated by claim amendments.
As stated in MPEP 706.07(a): “Where information is submitted in an information disclosure statement during the period set forth in 37 CFR 1.97(c) with a fee, the examiner may use the information submitted, e.g., a printed publication or evidence of public use, and make the next Office action final whether or not the claims have been amended, provided that no other new ground of rejection which was not necessitated by amendment to the claims is introduced by the examiner.”
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