considered patentable as claimed, the claims will be rejected, and the Examiner will give reasons and cite references to explain the decision. Examiners sometimes issue an objection, which is a refusal to allow a claim because its form is improper or because some other part of the application is defective. An objection, as opposed to a rejection, is usually easily overcome. As stated earlier, the Examiner will inform the applicant of the reasons for any adverse action taken on the application. He or she will also provide the applicant with any information or references on which the decision is based. If the Examiner’s action is adverse in any respect, and the applicant wishes to persist in the application for a patent, the applicant must reply to the Examiner’s comments and request reconsideration. In particular, the reply must specifically point out the supposed errors in the Examiner’s action and respond to every ground of objection and rejection. The applicant may choose instead to amend the application and state how his or her amendments avoid the references or objections raised by the Examiner. After a response is filed by the applicant, the application will be reconsidered, and the applicant will then be notified of the Examiner’s decision in the same manner as was done after the first examination. On the second or after any later examination or reconsideration, the rejection or other action may be made “final.” The applicant’s response is then limited to an appeal to the Patent Office Board of Appeals (in the case of the rejection of any claim), a petition filed with the Commissioner of the Patent and Trademark Office (in the case of objections or requirements not involving the rejection of any claim), or a continuing application (discussed below).
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