final rejection

A patent examiner’s finding, in a second or subsequent office action, that a claim in an application is unpatentable on the merits.

• A final rejection is made in the final office action. Despite the misleading name, a final rejection need not end the prosecution. The rejection can be appealed, or the application can be reexamined or continued in another application. A rejection may also be appealed to the Board of Patent Appeals and Interferences. A decision of that Board may be reviewed by the U.S. District Court for the District of Columbia or appealed to the U.S. Court of Appeals for the Federal Circuit. 35 USCA §§ 141–145. [Cases: Patents 108. C.J.S. Patents §§ 144, 148–151.]


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