37 CFR 1.114 sets forth three requirements/conditions for a proper RCE:
- Prosecution of the application must be closed. The prosecution of an application is closed when: a final Office action; a Notice of Allowance; or a Quayle Action has been issued.
- A “submission” must accompany the RCE.
- The requisite government fee(s) must accompany the RCE.
- an information disclosure statement (IDS);
- an amendment to a disclosure (i.e., the specification, claims, or drawings);
- new patentability arguments; or
- new evidence in support of patentability.