When might the Director remand a case for a new ground of rejection?

The Director may remand a case for consideration of a new ground of rejection when there has been a change in the law that necessitates such action. MPEP 1211 provides an example: “For example, the Director may remand a case for consideration of a new ground of rejection pursuant to 37 CFR 41.35(c) where there has been a change in the law that calls for a new ground of rejection to be entered.” This ensures that patent applications are examined under the most current legal standards.

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Tags: change in law, director remand, New Ground Of Rejection, patent examination