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.