(a) An amendment after final action must comply with Sec. 1.114 or this section.
(b) After a final rejection or other final action (Sec. 1.113) in an application or in an ex parte reexamination filed under Sec. 1.510, or an action closing prosecution (Sec. 1.949) in an inter partes reexamination filed under Sec. 1.913, but before or on the same date of filing an appeal (Sec. 41.31 or Sec. 41.61 of this title):
(1) An amendment may be made canceling claims or complying with any requirement of form expressly set forth in a previous Office action;
(2) An amendment presenting rejected claims in better form for consideration on appeal may be admitted; or
(3) An amendment touching the merits of the application or patent under reexamination may be admitted upon a showing of good and sufficient reasons why the amendment is necessary and was not earlier presented.
(c) The admission of, or refusal to admit, any amendment after a final rejection, a final action, an action closing prosecution, or any related proceedings will not operate to relieve the application or reexamination proceeding from its condition as subject to appeal or to save the application from abandonment under Sec. 1.135, or the reexamination prosecution from termination under Sec. 1.550(d) or Sec. 1.957(b) or limitation of further prosecution under Sec. 1.957(c).
(d)(1) Notwithstanding the provisions of paragraph (b) of this section, no amendment other than canceling claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, can be made in an inter partes reexamination proceeding after the right of appeal notice under Sec. 1.953 except as provided in Sec. 1.981 or as permitted by Sec. 41.77(b)(1) of this title.
(1) Notwithstanding the provisions of paragraph (b) of this section, no amendment other than canceling claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, can be made in an inter partes reexamination proceeding after the right of appeal notice under Sec. 1.953 except as provided in Sec. 1.981 or as permitted by Sec. 41.77(b)(1) of this title.
(2) Notwithstanding the provisions of paragraph (b) of this section, an amendment made after a final rejection or other final action (Sec. 1.113) in an ex parte reexamination filed under Sec. 1.510, or an action closing prosecution (Sec. 1.949) in an inter partes reexamination filed under Sec. 1.913 may not cancel claims where such cancellation affects the scope of any other pending claim in the reexamination proceeding except as provided in Sec. 1.981 or as permitted by Sec. 41.77(b)(1) of this title.
(e) An affidavit or other evidence submitted after a final rejection or other final action (Sec. 1.113) in an application or in an ex parte reexamination filed under Sec. 1.510, or an action closing prosecution (Sec. 1.949) in an inter partes reexamination filed under Sec. 1.913 but before or on the same date of filing an appeal (Sec. 41.31 or Sec. 41.61 of this title), may be admitted upon a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented.
(f) Notwithstanding the provisions of paragraph (e) of this section, no affidavit or other evidence can be made in an inter partes reexamination proceeding after the right of appeal notice under Sec. 1.953 except as provided in Sec. 1.981 or as permitted by Sec. 41.77(b)(1) of this title.
(g) After decision on appeal, amendments, affidavits and other evidence can only be made as provided in Sec. Sec. 1.198 and 1.981, or to carry into effect a recommendation under Sec. 41.50(c) of this title. [69 FR 49999, Aug. 12, 2004] Sec. Sec. 1.117-1.119 [Reserved]