What is the purpose of withdrawing the finality of a 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 purpose of withdrawing the finality of a rejection is to address situations where a final rejection may have been premature or inappropriate. This process allows for continued examination and gives the applicant an opportunity to respond to the examiner’s rejections without the limitations imposed by a final Office action.

As indicated in MPEP 706.07(d):

“If, on request by applicant for reconsideration, the primary examiner finds the final rejection to have been premature, he or she should withdraw the finality of the rejection.”

This provision ensures fairness in the examination process and allows for a more thorough consideration of the application when necessary.