Can the inventor file an amended application upon rejection of the first application?
Yes. The applicant must clearly point out why he or she thinks the amended claims are patentable in view of the objections made by examiner in the Office Action. He or she must also show how the claims as amended avoid such references or objections. 24. What is Final Rejection? After the second or later consideration, the decision to reject (or other action) the patent application is made final. The applicant’s reply is then limited to an appeal in the case of rejection of any claim and further amendment is restricted. Petition may be taken to the Director in the case of objections or requirements not involved in the rejection of any claim. 25. Can an application for amendment be filed after the Final Rejection? Yes. After final rejection or action, amendments may be made by canceling claims or complying with any requirement of form which has been made in an Office action. However, no amendment can be made as a matter of right in appealed cases. After decision on appeal, amendments can
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