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Re: I-Glow post# 216213

Wednesday, 02/04/2015 3:06:13 PM

Wednesday, February 04, 2015 3:06:13 PM

Post# of 263707
Not necessarily 100% wrong, as 'final rejection' is not always 'final'. Please see the information below, directly from the US Patent and trademark office:

"35 U.S.C. 134 Appeal to the Patent Trial and Appeal Board.
(a) PATENT APPLICANT.— An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.
(b) PATENT OWNER.— A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal."

link:
http://www.uspto.gov/web/offices/pac/mpep/s1204.html

"After the examiner has rejected claims twice the examiner has the authority to make the rejections final. Final rejection, however, is not so final. There is still an opportunity to amend and make changes. You have a right to amend to cancel claims, place claims in better condition for appeal, or amend the claims if you are going to adopt a suggestion of the Examiner that would make a claim patentable. No other changes will be permitted by the Patent Examiner after Final Rejection. Thus, Final Rejection really signifies the entrance into the end game of a prosecution, whereby the prosecution of the application is winding down to a conclusion."

link:
http://www.ipwatchdog.com/2014/03/15/an-overview-of-the-u-s-patent-process-2/id=48506/

But, the information is 100% wrong - as all patent applications have been issued a Final Rejection.



GRCU