---
kind: "section"
citation: "37 C.F.R. § 1.113"
title: "37"
number: "1.113"
heading: "Final rejection or action."
url: "https://uscodex.org/cfr/37/1.113"
---

# §1.113. Final rejection or action.

- (a) On the second or any subsequent examination or consideration by the examiner the rejection or other action may be made final, whereupon applicant's, or for ex parte reexaminations filed under [§ 1.510](/cfr/37/1.510.md), patent owner's reply is limited to appeal in the case of rejection of any claim ([§ 41.31](/cfr/37/41.31.md) of this title), or to amendment as specified in [§ 1.114](/cfr/37/1.114.md) or [§ 1.116](/cfr/37/1.116.md). Petition may be taken to the Director in the case of objections or requirements not involved in the rejection of any claim ([§ 1.181](/cfr/37/1.181.md)). Reply to a final rejection or action must comply with [§ 1.114](/cfr/37/1.114.md) or [paragraph (c)](#c) of this section. For final actions in an inter partes reexamination filed under [§ 1.913](/cfr/37/1.913.md), see [§ 1.953](/cfr/37/1.953.md).
- (b) In making such final rejection, the examiner shall repeat or state all grounds of rejection then considered applicable to the claims in the application, clearly stating the reasons in support thereof.
- (c) Reply to a final rejection or action must include cancellation of, or appeal from the rejection of, each rejected claim. If any claim stands allowed, the reply to a final rejection or action must comply with any requirements or objections as to form.

## Notes

### Amendments

[65 FR 14872, Mar. 20, 2000, as amended at 65 FR 76773, Dec. 7, 2000; 69 FR 49999, Aug. 12, 2004]

### Authority

Authority: Secs. 1.111 to 1.113 also issued under 35 U.S.C. 132.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[65 FR 14872, Mar. 20, 2000, as amended at 65 FR 76773, Dec. 7, 2000; 69 FR 49999, Aug. 12, 2004]