706.07(d) Final Rejection, Withdrawal of, Premature [R-08.2012]
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 The finality of the Office action must be withdrawn while the application is still pending. The examiner cannot withdraw the final rejection once the application is abandoned.
Once the finality of the Office action has been withdrawn, the next Office action may be made final if the conditions set forth in MPEP § 706.07(a) are met.
Form paragraph 7.42 should be used when withdrawing the finality of the rejection of the last Office action.
¶ 7.42 Withdrawal of Finality of Last Office Action
Applicant’s request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.