When can an examiner reject a previously allowed claim without SPE approval?
An examiner can reject a previously allowed claim without obtaining supervisory patent examiner (SPE) approval in one specific situation:
According to MPEP 706.04: If the examiner discovers, at the time of signing the notice of allowance, or after the notice of allowance has been mailed, that the prior art or other evidence necessary to reject a claim is apparently of record in the application, they may reject the claim.
In this case, the examiner can proceed with the rejection without SPE approval, but they must still provide a clear explanation for the rejection in the Office action.
To learn more: