What options does an examiner have if an amendment is approved for entry after a Notice of Allowance?
If an examiner approves an amendment for entry after a Notice of Allowance has been issued, they have two main options according to the MPEP:
“If the amendment is approved for entry, the examiner may enter the amendment and provide a supplemental notice of allowance, or withdraw the application from issue and provide an Office action.”
This means the examiner can either:
- Enter the amendment and issue a supplemental Notice of Allowance if the changes don’t affect the allowability of the application.
- Withdraw the application from issue and issue a new Office action if the amendment necessitates further examination or introduces new issues.
The choice depends on the nature and scope of the approved amendment.
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