Can new rejections be made in a reissue application that weren’t made in the original patent?
Yes, new rejections can be made in a reissue application, even if they weren’t made during the prosecution of the original patent. The MPEP 1445 clearly states:
“It does not matter whether the claims are identical to those of the patent or changed from those in the patent. It also does not matter that a rejection was not made in the prosecution of the patent, or could have been made, or was in fact made and dropped during prosecution of the patent; the prior action in the prosecution of the patent does not prevent that rejection from being made in the reissue application.”
This means that examiners have the authority to apply any appropriate rejections during the examination of a reissue application, regardless of the history of the original patent prosecution.
To learn more: