Petition after 6 months

[danielb]

Are there any circumstances where a petition may be filed after the 6 month period following a Final Office Action has expired?  A Notice of Appeal has been timely filed, but the applicant also wishes to petition for redress of certain supposedly improper actions by the Examiner.

[patentsusa]

Are there any circumstances where a petition may be filed after the 6 month period following a Final Office Action has expired? 

According to 37 CFR 1.181(f):
Any petition under this part not filed within two months of the mailing date of the action or notice from which relief is requested may be dismissed as untimely, except as otherwise provided. This two-month period is not extendable.

[danielb]

Thanks for replying so quickly, Deepak.  I neglected to mention that the supposedly improper procedures followed by the Examiner were in the Advisory Action, for which the two-month date from mailing is tomorrow.  Would the date of the Advisory Action, as opposed to the Final Office Action, be the relevant date for filing a petition, and if so, would you happen to know where in the MPEP this can be found?

[patentsusa]

Thanks for replying so quickly, Deepak.  I neglected to mention that the supposedly improper procedures followed by the Examiner were in the Advisory Action, for which the two-month date from mailing is tomorrow.  Would the date of the Advisory Action, as opposed to the Final Office Action, be the relevant date for filing a petition, and if so, would you happen to know where in the MPEP this can be found?

I would take that position.  I don't know that you will find much in the MPEP beyond what is in MPEP 1002.

[danielb]

Thanks, Deepak, for your help.