Who is eligible for the Transitional After-Final Practice?
The Transitional After-Final Practice applies to specific patent applications. According to MPEP 706.07(g):
Effective June 8, 1995, in any pending application having an actual or effective filing date of June 8, 1993 or earlier, applicant is entitled, under 37 CFR 1.129(a), to have a first submission after final rejection entered and considered on the merits, if the submission and the fee set forth in 37 CFR 1.17(r) are filed prior to the filing of an Appeal Brief under 37 CFR 41.37 and prior to abandonment.
It’s important to note that this practice is not available for all applications. The MPEP specifies: The transitional after-final practice is only available to applications filed on or before June 8, 1995 and it is not available for reissue or design applications or reexamination proceedings.
To learn more: