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Request for Continuing Examination

To round out the continuations, there is also the Request for Continuing Examination (RCE).

This is not exactly an application type, but a way to continue the examination of an existing application.  So it makes sense to discuss it here.

Filing a RCE provides a means for the applicant to continue with the prosecution of his or her application in the event that a Final Rejection is sent out or a Notice of Allowance has been issued. At that point it is considered that prosecution is closed.  Filing an RCE is not available if the application has been abandoned or the issue fee is paid.

RCE's may not be used for design patents; in these cases, the applicant needs to use a CPA (as discussed previously).

An RCE must include a fee along with new arguments that advance the application. It cannot just be used as a stall tactic. For an application to get to where the prosecution is closed it has already gone through 2 rounds of Office actions so something new must be added like an amendment, new arguments, or new evidence.

The same subject matter in the parent must be claimed in the RCE, and again there should be a new reason for the prosecution to be opened. The prior application will not be abandoned when an RCE is filed since the latter will claim its filing date.

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