What is a new ground of rejection by the Patent Trial and Appeal Board?
A new ground of rejection by the Patent Trial and Appeal Board (PTAB) is a rejection of a claim that was not previously involved in the appeal. According to MPEP 1213.02, the Board may include such a rejection in its opinion if it “have knowledge of any grounds not involved in the appeal for rejecting any pending claim.” The MPEP states:
“Should the Board have knowledge of any grounds not involved in the appeal for rejecting any pending claim, it may include in its opinion a statement to that effect with its reasons for so holding, and designate such a statement as a new ground of rejection of the claim.”
It’s important to note that a new ground of rejection is not considered final for judicial review.
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