Amendment Filed After the Period for Reply Has Expired
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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714.17 Amendment Filed After the Period for Reply Has Expired [R-08.2012]
When an application is not prosecuted within the period set for reply and thereafter an amendment is filed without a petition for extension of time and fee pursuant to 37 CFR 1.136(a), such amendment shall be placed in the file of the application, but not formally entered. The technical support staff shall immediately notify the applicant, by telephone and letter, that the amendment was not filed within the time period and therefore cannot be entered and that the application is abandoned unless a petition for extension of time and the appropriate fee are timely filed. See MPEP § 711.02.
See MPEP § 710.02(e) for a discussion of the requirements of 37 CFR 1.136(a).