Q) Final Office Action (10.01.11a)

11. In which of the following final Office action rejections is the finality of the Office action
rejection proper?
(A) The final Office action rejection is in a second Office action and uses newly cited
art under 35 U.S.C. § 102(b) to reject unamended claims that were objected to but
not rejected in a first Office action.
(B) The final Office action rejection is in a first Office action in a continuation- in-part
application where at least one claim includes subject matter not present in the
parent application.
(C) The final Office action rejection is in a first Office action in a continuing
application, all claims are drawn to the same inve ntion claimed in the parent
application, and the claims would have been properly finally rejected on the
grounds and art of record in the next Office action if they had been entered in the
parent application.
(D) The final Office action rejection is in a first Office action in a substitute
application that contains material that was presented after final rejection in an
earlier application but was denied entry because the issue of new matter was
raised.
(E) None of the above.

11. ANSWER: (C) is the correct answer. MPEP § 706.07(b). (A) is incorrect because a final
rejection is not proper on a second action if it includes a rejection on newly cited art other than
information submitted in an information disclo sure statement under 37 CFR 1.97(c). MPEP
§ 706.07(a). (B) is incorrect because it is improper to make final a first Office action in a
continuation- in-part application where any claim includes subject matter not present in the parent
application. MPEP § 706.07(b). (D) is incorrect because it is improper to make final a first
Office action in a substitute application where that application contains material, which was
presented in the earlier application after final rejection, or closing of prosecution but was denied
entry because the issue of new matter was raised. MPEP § 706.07(b). (E) is incorrect because
(C) is correct.