MPEP Q&A 229: When are the claims of a new application finally rejected in the first Office action? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2021-08-03T14:15:44
Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) all claims of the new application: (1) are either identical to or patentably indistinct from the claims in the earlier application (in other words, restriction would not have been proper if the new or amended claims had been entered in the earlier application), and (2) would…
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Further podcasts by Lisa Parmley, USPTO Patent Practitioner #51006