Which situation is NOT in accordance with USPTO procedures regarding a final rejection?

The situation described as not in accordance with USPTO procedures is that new matter issues can always be appealed without petition. Under USPTO rules, any new matter introduced after a final rejection must generally be handled through a petition. This is because the introduction of new matter can change the scope of the application and requires careful consideration and action by the examiner. Thus, an applicant cannot simply appeal an issue of new matter without first addressing it through proper procedures, which typically includes filing a petition.

In contrast, an objection to delete new matter requires supervisory review, ensuring that claims do not introduce new matter that is not supported by the original disclosure. Likewise, a rejection for lack of support is indeed reviewable by the Board of Appeals, allowing applicants to challenge decisions made by examiners. Finally, rejections and objections can be decided through petitions, which provide a mechanism for applicants to seek review and resolution outside of the typical examination process when issues arise concerning new matter.