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

To determine when a petition to withdraw the finality of a rejection can be filed, it's important to consider the circumstances surrounding the patent examination process. A final rejection typically concludes the examination of the application unless there are valid reasons to challenge that finality.

The correct instance to petition to withdraw the finality of a rejection is when the rejection is not necessitated by the applicant's actions. This situation often applies if, for instance, the examiner has made a final rejection without sufficient basis or if changes in the law or rules warrant a reconsideration of the rejection. In these cases, the applicant may argue that the final rejection imposes an unfair finality, especially if the rejections are based on issues that were not previously addressed or brought up by the applicant.

In contrast, instances such as introducing a new ground of rejection or discovering new evidence are typically addressed through different procedures, such as filing a continuation application or responding to the office action that could legitimize revisiting the finality of rejections. These do not, by themselves, provide grounds for the withdrawal of finality; the applicant's actions or the merits of new evidence generally do not qualify for such petitions directly.

Thus, the key factor in the correct choice hinges on the examiner's actions