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| First Action Final |
IPThereforeIAm |
May 02, 2012 10:49 am |
I got a First Action that the Examiner made Final under MPEP 706.07(b). The application is a continuation. There was prosecution in the grandparent application that resulted in an allowance. A continuation application was allowed by the Examiner without any prosecution other than a phone call from the Examiner with an Examiner's Amendment to put the claims in condition for allowance (no prior art rejections). The current continuation application, however, was made final on the first office action. The last rejections in the grandparent applications involved 102(b) rejections (single reference) while the current rejections involve that same reference in combination with a new reference under 103.
I simply don't see how the Examiner believes that these rejections could have been made final even if they had carried over from the grandparent application. If anything, these claims are broader than the claims in the grandparent application the Examiner rejected under 102.
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