Hope this helps.

 A guide to patents

 Government of Canada

Link here

  What to do if a claim is rejected

It is not uncommon for the patent examiner to object to a claim. The examiner may find previous patents or publications that show every feature of one or more claims in your application. Or, the examiner may feel some claims would be obvious to a person with ordinary skills in the field. The examiner's objection will be outlined in a report or letter called a "Patent Office action," which will list the objections, and set a date for you to reply. The action may object to your whole application or only some claims, or it may ask for other changes in your application.

Responding to the examiner's objections

Do not feel discouraged if the examiner objects to some of your claims. You may respond to the objections as long as you do so within the period that the examiner specifies in the action. You or your patent agent must send your response to the Commissioner of Patents.

Your response may ask the Commissioner to amend your application by changing or cancelling some claims, or adding new claims. You must refute or overcome each objection raised by the examiner.

Helping your agent with amendments

Your patent agent will carefully study the Patent Office action to help you decide whether to proceed, amend or abandon your application at this point. If you decide to continue, you may be able to help prepare an amendment letter to point out the new features and advantages of your invention as compared to others listed in the Patent Office action. Let your agent know quickly if you want to make changes to your invention, as she or he may recommend filing a new application.

  Reconsideration by the examiner

Once the examiner receives your response, they will review it and prepare a second office action. This may be a "notice of allowance" informing you that your application is allowable or it may be a request for further amendments. If further amendments are necessary, the request for amendments may be in the form of a written office action or the examiner may contact you (if you have not hired a patent agent) or your agent by phone to discuss the amendments required. This exchange may be repeated until the examiner allows your application or states that the action is final (in other words, that you may not proceed).

How to appeal a rejected application

If the examiner makes a final objection to your application, you have the right to appeal to the Commissioner of Patents, requesting that the Commissioner review the examiner's objection.

The review is conducted by the Patent Appeal Board, a special committee of senior Patent Office officials. Before your patent application is rejected you may appear before this board if you wish. If the Commissioner objects to your appeal and refuses to grant a patent, you may take your case to the Federal Court of Canada.