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   Mail Final Rejection (PTOL - 326)
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   Author  Topic: Mail Final Rejection (PTOL - 326)  (Read 6172 times)


Posts: 15
Mail Final Rejection (PTOL - 326)
« on: Sep 25th, 2006, 12:33pm »
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I'm looking at a patent application that lasted about 4.5 years and now recently I see a
    "Mail Final Rejection (PTOL - 326)"  
is this pretty much the last nail in the coffin?
Also, about a year ago the same company (but different inventors) filed for a CIP but the subject matter (to my untrained eyes) looks quite different.   Is this a vain attempt at salvaging at least the filing date from the earlier application?  In other words, what does the applicant have to lose - even if later during a first-to-invent battle this is rejected they still get to keep their patent right?
IP Logged
Junior Member


Posts: 96
Re: Mail Final Rejection (PTOL - 326)
« Reply #1 on: Sep 25th, 2006, 12:47pm »
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A final rejection is certainly not a nail in the coffin.  The declaration of finality simply means that the options for responding are limited, as compared to responding to a non-final rejection.
CIPs are intended to introduce new matter no present in the parent, and in some cases, have little or no overlap with the parent.
« Last Edit: Sep 25th, 2006, 12:48pm by wallflower » IP Logged
Senior Member


Posts: 2584
Re: Mail Final Rejection (PTOL - 326)
« Reply #2 on: Sep 25th, 2006, 6:42pm »
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Just to simplify "final rejection" just a bit, "final" means they're done talking to you unless you pay more money.  With rare exceptions, you have to respond with an appeal or an RCE, both of which cost more money (unlike a non-final rejection).
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James D. Ivey
Law Offices of James D. Ivey
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