How should an examiner indicate a first action final rejection?
When an examiner needs to make a first action final rejection, they should use specific form paragraphs provided in the Manual of Patent Examining Procedure (MPEP). According to MPEP 706.07(b):
“A first action final rejection should be made by using Form Paragraphs 7.41 or 7.41.03, as appropriate.”
The MPEP provides specific form paragraphs for different situations:
- Form Paragraph 7.41 is used for continuation or substitute applications.
- Form Paragraph 7.41.03 is used for Continued Prosecution Applications (CPA) in design applications.
- Form Paragraph 7.42.09 is used for first action final rejections following a Request for Continued Examination (RCE).
These form paragraphs include standard language explaining the reasons for the final rejection and informing the applicant of the time period for response.
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