From 256 for 4 overnight, the home side stretched their second innings to 494, Alex Gidman leading the way with 142 and Steve Adshead making 93. Both were career-best scores and their 235 stand for the fifth wicket saved the game.
Surrey were left needing 180 to win off 18 overs. They called off the run chase at 84 for 3 after 11 overs, with all three wickets falling to Steve Kirby.
The game threatened to boil over when Surrey appealed unsuccessfully for a catch at silly point as Mark Hardinges tried to sweep Harbhajan Singh. Words were exchanged and, when Harbhajan continued to voice his displeasure, the umpire Allan Jones issued a clear rebuke. A handshake between the players followed but Harbhajan's conduct may feature in the umpire's report and during the tea interval there was another confrontation, this time between Scott Newman and Hardinges inside the pavilion.
David Graveney, the chairman of the England selectors, will speak to Surrey's captain Graham Thorpe this morning about his prospects of being fit for the Ashes series against Australia. "I spoke to Graham [yesterday] morning and he was feeling fine," Graveney said. "I shall talk to him again [today] to see if there is any reaction [to his long-standing back injury]."
Kent, who are set to go top if they can beat Sussex, are making good progress towards matching the visitors' first-innings 378 at Canterbury. Half-centuries from Robert Key (74), Darren Stevens (50) and Andrew Hall (68) helped them close in on Sussex, while Matthew Walker was unbeaten on 55 at stumps, with Kent on 323 for 6.