What action can you take if the application has not issued and you feel obligated to disclose more information?

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Submitting a Request for Continued Examination (RCE) is the appropriate action to take if you feel obligated to disclose more information while the application has not yet been issued. An RCE allows you to continue the examination of your application and incorporate additional information or amendments you want to present to the USPTO.

When you believe that there is important information that could impact the patentability of your invention, the RCE gives you the opportunity to formally submit that information and have the application reconsidered by the examiner. This is particularly useful as it keeps the application alive and in the examination process, allowing for further discussion and modifications based on the newly disclosed information. It effectively allows you to address concerns that may not have been fully resolved during the initial examination phase.

On the other hand, filing a petition for extension is not relevant in this context since it typically relates to extending deadlines rather than addressing disclosure of additional information. Withdrawing the application would be counterproductive if you wish to continue pursuing the patent, as it would prevent you from getting a patent on your invention altogether. Requesting a refund of the filing fee is not applicable here because it does not pertain to the disclosure of new information; refunds are typically related to procedural issues rather than substantive examination concerns.

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