What is the difference between the prematurity and tenability of a final rejection?

The MPEP 706.07(c) distinguishes between the prematurity and tenability of a final rejection. It states that the question of prematureness “is purely a question of practice, wholly distinct from the tenability of the rejection.” This means:

  • Prematurity refers to whether the final rejection was issued at the appropriate time in the examination process.
  • Tenability refers to the substantive merits of the rejection itself, i.e., whether the reasons for rejection are valid and well-founded.

While the tenability of a rejection can be challenged through appeal, the prematurity must be addressed through a petition.

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Tags: final rejection, patent examination, Tenability Of Rejection