What constitutes a proper reply to a final rejection to avoid abandonment of the application?

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A proper reply to a final rejection can take various forms, and all the options provided are valid responses that can avoid abandonment of the application.

An amendment under 37 CFR 1.116 allows an applicant to make changes to the claims or specification after a final rejection; however, this amendment must be accompanied by a showing of how the changes address the issues raised by the examiner. This is a common method of replying that can advance the prosecution of the application.

A Notice of Appeal is another appropriate action following a final rejection. By filing this notice, the applicant indicates their intention to appeal the examiner's decision to the Patent Trial and Appeal Board (PTAB), which prevents the application from being abandoned and sets the stage for further review of the rejection.

Requesting continued examination (RCE) is also an option after a final rejection. This request allows the applicant to reopen prosecution of the application, enabling further amendments and discussions with the examiner. Filing an RCE places the application back into an examination phase, thus avoiding abandonment.

Since all these responses are accepted ways to properly reply to a final rejection, they collectively ensure that the application remains active and is not abandoned. Therefore, selecting all of the options reflects the comprehensive nature of replying to a final

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