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The Office action containing a new ground of rejection may be made final if the new ground of rejection was ( A ) necessitated by amendment , or ( B ) based on information presented in an information disclosure statement under 37 CFR 1.97 ( c ) where no certification was filed . Because , as I said during the last conference that we had , which was off the record , and I 'll state it on the record , in order to get the residual exception under 807 , I think implicitly there has to be an opportunity . When the mother 's age is computed to be under l0 years or 50 years or over , the age of the mother is considered not stated and is assigned as described below . Those taking part were aged from three months to 84 years , although most were under ten . And he would now bury him in the garden , under ten feet of earth , so that no one could discover him ! In contrast , the United States produced under 0.2 million tons per billion dollars of output and Japan under 0.1 million tons . Where there is a statement of record that the application is not assigned , there should be no submission under 37 CFR 1.172 as to documentary evidence of ownership in the application , and none should be required by the examiner . This provisional rejection might be overcome either by a showing under 37 CFR 1.132 that any unclaimed invention disclosed in the copending application was derived from the inventor of this application and thus not the invention " by another , " or by a showing of a date of invention of any unclaimed subject matter prior to the effective U.S. filing date of the copending application under 37 CFR 1.131 . The brief summary should be more than a mere statement of the objects of the invention , which statement is also permissible under 37 CFR 1.73 . The Office wishes to encourage prompt evaluation of the relevance of information and to have a date certain for determining if a statement under 37 CFR 1.97 ( e ) can properly be made . I 'll rely on you to to reassert the argument unless and until you have some other mechanism to get them in under 807 . In 1901 under ten per cent of its labour force worked in agriculture and over 75 per cent of its wheat was imported ( mostly from the USA and Russia ) .