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If an amendment is filed with a notice of appeal after a second non-final Office action (and not a final rejection), which rule applies to the amendment?

April 26, 2017Action Amendment appeal filed final non-final Notice Office rejection

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If an amendment is filed with a notice of appeal after a second non-final Office action (and not a final rejection), which rule applies to the amendment?

1 Answer

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37 CFR 1.111 would apply to such an amendment. 37 CFR 1.116 would not apply since it is limited to amendments and affidavits or other evidence filed after final action and prior to or with any appeal. If the amendment were filed after a notice of appeal, 37 CFR 41.33 would apply.