What form paragraph should an examiner use when withdrawing the finality of a rejection?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 withdrawing the finality of a rejection, an examiner should use Form Paragraph 7.42. The MPEP 706.07(d) provides the specific language for this form paragraph:

“7.42 Withdrawal of Finality of Last Office Action
Applicant’s request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.”

This standardized language ensures clarity and consistency in communication between the examiner and the applicant regarding the status of the examination.

Tags: final rejection, Form Paragraph, patent examination, Withdrawal Of Finality