When can an examiner withdraw the finality of a rejection?

An examiner can withdraw the finality of a rejection under the following circumstances:

• Upon the applicant’s request for reconsideration
• If the primary examiner finds the final rejection to have been premature
• While the application is still pending

As stated 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. The finality of the Office action must be withdrawn while the application is still pending.”

To learn more:

• Final Rejection
• Withdrawal of Finality
• Patent Examination
• Office Action