How should examiners handle after-final amendments or evidence in relation to an Examiner’s Answer?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When handling after-final amendments or evidence in relation to an Examiner’s Answer, examiners should:

• Ensure each after-final amendment or evidence is indicated as entered or not-entered
• Issue an advisory action for each after-final amendment or evidence
• Not comment on affidavits, declarations, or exhibits that were refused entry

The MPEP states: “Before preparing the answer, the examiner should make certain that each after-final amendment or evidence has been indicated as being entered or not-entered and an advisory action has been entered for each after-final amendment or evidence to notify the appellant of the entry or non-entry.“

It’s important to note that the Board may remand applications where after-final amendments or evidence haven’t been properly addressed.