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Request for Continued Examination:
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Actions in which the prosecution will be considered closed and a request for continued examination may be proper include:
- An Office action that is a final action.
- When a Notice of Allowance has issued.
- An Office action under Ex Parte Quayle.
- When an application is under appeal.
The filing for a request for continued examination (RCE), including the submission after the filing of a Notice of Appeal to the Board, but prior to a decision on an appeal is considered a request to withdraw the appeal and reopens the prosecution of the application.
- The submission may be an amendment to the written description.
In those instances in which an applicant seeks to add new matter to the disclosure of an application, the procedure set forth in 37 C.F.R. 1.114 is not available, and the applicant must file a Continuation-In-Part application under 37 C.F.R. 1.53(b) containing such new matter.
