When can an examiner withdraw 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.

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 The finality of the Office action must be withdrawn while the application is still pending.”