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   Premature Finality
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   Author  Topic: Premature Finality  (Read 509 times)
JJP
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Premature Finality
« on: Mar 21st, 2007, 6:00pm »
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The examiner made a premature final rejection.  Upon pointing this out, he withdrew the finality.
 
He then proceeded to respond to the arguments against the merits of the final rejection and maintained the same grounds of rejection he had used for the final rejection since he deemed the arguments unpersuasive.
 
He made this action final.  Is this proper or should it have been another non-final?
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Isaac
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Posts: 3472
Re: Premature Finality
« Reply #1 on: Mar 21st, 2007, 7:03pm »
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Well, assuming that he didn't refuse to enter an amendment, you are at least theoretically at the same place you would have been if  the last amendment had been non-final.   And of course you could have tried out the rationale for the premature rejection on the examiner in an interview.
 
In the cases when this has happened to me, I get a new final rejection.
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Isaac
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