In what instance can you petition to withdraw the finality of a rejection?

The option that concerns circumstances under which you may petition to withdraw the finality of a rejection is based on the context of the prosecution of a patent application. A rejection becomes final after the applicant has received a final office action and the examiner believed that the issues have been sufficiently addressed.

In this context, a petition to withdraw the finality of a rejection is appropriate when the action of the applicant doesn't necessitate such a final rejection. This usually arises from situations where the applicant might have not had an opportunity to adequately respond to objections or where procedural missteps may have led to an unfair final rejection. Essentially, if the finality is perceived as premature or unfounded based on the circumstances of the application and its history, there may be grounds to petition for its reconsideration.

While new grounds of rejection, new evidence, or a mere request from the applicant might influence the nature of subsequent actions, the key to withdrawing the finality is ensuring that it is not appropriately final based on how the case has been handled thus far.