What happens when a Secrecy Order case is in condition for allowance?
When a Secrecy Order case is in condition for allowance, the prosecution is closed, but the patent is not issued. According to the MPEP, When a Secrecy Order case is in condition for allowance, a notice of allowability (Form D-10) is issued, thus closing the prosecution.
This is in accordance with 37 CFR 5.3(c). The application remains in this state until the Secrecy Order is rescinded.
For more information on notice of allowability, visit: notice of allowability.
Topics:
MPEP 130-Examination of Secrecy Order Cases,
Patent Law,
Patent Procedure