TMEP 714.05(c): Advisory Statement Cannot Serve as Foundation for Final Refusal or Requirement

This is the October 2015 Edition of the TMEP

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714.05(c)    Advisory Statement Cannot Serve as Foundation for Final Refusal or Requirement

Except as provided in TMEP §714.05(a)(ii), an advisory statement in an Office action indicating that a refusal or requirement will be issued if specified circumstances arise cannot serve as the foundation for issuing a final requirement or refusal in the next action. To establish the foundation for issuing a final refusal or requirement in the next Office action, an initial requirement or refusal must relate to matter that is of record at the time of the action.