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.

To learn more:

• final rejection
• form paragraphs
• first Office action
• patent examination