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Can the USPTO treat your RCE and response as an amendment after final?

11/11/2017

 
Technically no -- but this has happened to at least one patent practitioner.  The patent practitioner filed an RCE and response, and instead received an advisory action by the Examiner allowing most of the claims.  In this case, the Examiner requested that Applicant's RCE and response be treated as an after final amendment. 

Yes--crazy things like this occasionally happen at the USPTO.

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