What happens to the finality of rejection after a submission under the Transitional After-Final Practice?

When a submission is made under the Transitional After-Final Practice and the appropriate fee is paid, the finality of the previous rejection is withdrawn. According to MPEP 706.07(g):

The finality of the final rejection is automatically withdrawn upon the timely filing of the submission and payment of the fee set forth in 37 CFR 1.17(r).

This means that the application returns to a non-final status, allowing for further examination and potentially additional amendments or arguments from the applicant.

To learn more:

• Transitional After-Final Practice
• Patent Application
• Final Rejection
• USPTO