What happens to affidavits filed after final rejection but before a notice of appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Affidavits or declarations filed after a final rejection but before a notice of appeal are handled according to specific MPEP sections. MPEP § 1211.03 states: “Affidavits or declarations filed after a final rejection and prior to a notice of appeal are handled as provided in MPEP §§ 715.09, 716, and 716.01.” These sections provide guidance on how examiners should treat such submissions, including considerations for overcoming prior art rejections (§ 715.09) and presenting evidence of unexpected results or other secondary considerations (§ 716 and § 716.01). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Director and Board Can Remand Cases to Examiners MPEP 1211 Board Remand Is Not Final For Review MPEP 1211 Appeal Jurisdiction Transferred Back to Examiner on Remand MPEP 1211 Examiner Must Act Consistently With Remand Order MPEP 1211 Recommended Examiner Must Follow MPEP §1207 After Remand MPEP 1211 Recommended Remand for New Ground of Rejection When Law Changes MPEP 1211 Permitted Remand for New Ground of Rejection Required MPEP 1211 Permitted Interviews After Notice of Allowability or PTAB Transfer Required MPEP 1002.02(c) Board Proceeding Record Available After Final Action MPEP 103 Third-Party Submission Prohibited After Notice of Allowance MPEP 1134.01 Prohibited Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? When can affidavits or declarations be considered after a notice of appeal is filed? What happens if a proposed amendment is effectively an abandonment of the appeal? What types of amendments may be remanded for consideration during an appeal? Who approves a substitute examiner&#8217;s answer...