What happens if claims for a different invention are added after a final Office action?
When claims for a different invention are added after a final Office action, they are treated as follows:
- These claims are not entered as a matter of right.
- They may be admitted if the amendment complies with 37 CFR 1.116.
- The examiner has discretion to refuse entry if the claims are not clearly allowable.
As stated in MPEP 821.03: “Claims for a different invention added after an Office action are treated as being drawn to a different invention.”
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