TMEP 714.04: Form of the Final Action

October 2017 Edition of the TMEP

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714.04    Form of the Final Action

When making an action final, the examining attorney must restate any substantive refusals or requirements that remain outstanding, and must cite the rule(s) and/or statute(s) that provide the basis for these refusals or requirements.  The examining attorney should place all evidence in support of his or her refusal in the record at the time the final action is issued.

The final action should include a clear and unequivocal statement that the refusal or requirement is final.  When there is more than one ground set out as the basis for the final action, the action may begin or conclude with a paragraph containing wording such as "This action is made FINAL" or "This is a FINAL action," which covers all grounds.

The final action must also mention any refusals or requirements that have been obviated, withdrawn, or satisfied. See TMEP §713.02.

The examining attorney must include a statement that the only proper response to a final action is an appeal to the Board (or a petition to the Director, if permitted under 37 C.F.R. §2.63(b)(2) ), or compliance with the outstanding requirement(s). 37 C.F.R. §2.63(b)(1)-(2).

A final action must include a six-month response clause ( see TMEP §705.08) so that is it clear that the applicant must file a timely response to avoid abandonment of the application.