MPEP 706.07(c)
Final Rejection, Premature

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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706.07(c)    Final Rejection, Premature [R-11.2013]

Any question as to prematureness of a final rejection should be raised, if at all, while the application is still pending before the primary examiner. This is purely a question of practice, wholly distinct from the tenability of the rejection. It may therefore not be advanced as a ground for appeal, or made the basis of complaint before the Patent Trial and Appeal Board. It is reviewable by petition under 37 CFR 1.181. See MPEP § 1002.02(c).