When does the practice of granting additional time for incomplete replies not apply?

The practice of granting additional time for incomplete replies does not apply in two specific situations:

1. When there has been a deliberate omission of some necessary part of a complete reply.
2. When the application is subject to a final Office action.

The MPEP clarifies:

“This practice does not apply where there has been a deliberate omission of some necessary part of a complete reply, or where the application is subject to a final Office action. Under such cases, the examiner has no authority to grant an extension if the period for reply has expired.”

In these cases, if the period for reply has expired, the examiner cannot grant an extension, and the application may be at risk of abandonment.

To learn more:

• incomplete reply
• deliberate omission
• final Office action
• patent examination