What should be included in a request for rehearing after a new ground of rejection?

When requesting a rehearing after the Patent Trial and Appeal Board (PTAB) issues a new ground of rejection, the appellant must address specific points in their request. According to MPEP 1213.02, the request for rehearing should include:

1. An address of the new ground of rejection
2. A statement with particularity of the points believed to have been misapprehended or overlooked in entering the new ground of rejection
3. All other grounds upon which rehearing is sought

The MPEP states:

“The request for rehearing must address any new ground of rejection and state with particularity the points believed to have been misapprehended or overlooked in entering the new ground of rejection and also state all other grounds upon which rehearing is sought.”

It’s crucial to be thorough and specific in addressing the new ground of rejection to give the Board a clear understanding of why you believe the decision should be reconsidered.

To learn more:

• PTAB
• new ground of rejection
• request for rehearing
• patent appeal