An applicant may also seek to have an interview with the examiner to attempt to persuade the examiner. A summary of the interview appears in the file.
Sometimes an applicant will run into an examiner that cannot be persuaded. Consequently, the applicant may want to consider filing an appeal. An appeal is filed after the examiner issues a final rejection. The appeal is heard by the Board of Patent Appeals and Interferences rather than by the examiner. The other option is to file a request for continued examination.
Please note that a successful appeal can provide the basis for an extension of a patent term for the time that was lost pursuing the appeal. As an alternative to an appeal, the applicant may elect to continue prosecution after final rejection by paying a fee.
