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

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.

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.