714.14 AMENDMENTS AFTER ALLOWANCE OF ALL CLAIMS [R-08.2012]
Under the decision in Ex parte Quayle, 25 USPQ 74, 1935 C.D. 11; 453 O.G. 213 (Comm’r Pat. 1935), after all claims in an application have been allowed the prosecution of the application on the merits is closed even though there may be outstanding formal objections which preclude fully closing the prosecution.
Amendments touching the merits are treated in a manner similar to amendments after final rejection, though the prosecution may be continued as to the formal matters. See MPEP § 714.12 and § 714.13.
Use form paragraph 7.51 to issue an Ex parte Quayle action.
¶ 7.51 QUAYLE ACTION
This application is in condition for allowance except for the following formal matters: [1].
Prosecution on the merits is closed in accordance with the practice under Ex parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm’r Pat. 1935).
A shortened statutory period for reply to this action is set to expire TWO MONTHS from the mailing date of this letter.
EXAMINER NOTE:
Explain the formal matters which must be corrected in bracket 1.
37 C.F.R. 1.121 MANNER OF MAKING AMENDMENTS IN APPLICATION.