How does an Information Disclosure Statement (IDS) affect the rejection of previously allowed claims?
An Information Disclosure Statement (IDS) can significantly impact the rejection of previously allowed claims. According to MPEP 706.04:
Where an application is withdrawn from issue for further examination pursuant to 37 CFR 1.313(b), and the subsequent examination indicates that an additional rejection is warranted, the first Office action containing that rejection should be made final if […] the rejection is necessitated by an information disclosure statement filed in the allowed application pursuant to 37 CFR 1.97(c) with the fee set forth in 37 CFR 1.17(p).
This means that if an IDS is filed after allowance and leads to a new rejection, the examiner can make the first Office action final, expediting the examination process.
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