How is a premature final rejection different from the tenability of a rejection?

The prematureness of a final rejection is distinct from the tenability (validity) of the rejection itself. As stated in MPEP 706.07(c):

This is purely a question of practice, wholly distinct from the tenability of the rejection.

In other words:

• Prematureness refers to whether the applicant has been given a fair opportunity to respond to the rejection before it was made final.
• Tenability refers to whether the substantive reasons for the rejection are valid and well-founded.

An applicant can challenge the prematureness of a final rejection without necessarily disputing the underlying reasons for the rejection.

To learn more:

• final rejection
• premature final rejection
• tenability
• patent examination
• MPEP 706.07(c)

To learn more:

• MPEP 706.07(c)