Can new grounds of rejection be introduced in an Examiner’s Answer?

Yes, new grounds of rejection can be introduced in an Examiner’s Answer, but they must follow specific procedures:

  • New grounds of rejection must be prominently identified in the Answer.
  • They require approval from a Technology Center Director or designee.
  • The appellant has specific rights to respond to new grounds of rejection.

The MPEP states: “Under the subheading ‘NEW GROUNDS OF REJECTION,’ the examiner must set forth any new grounds of rejection.” Additionally, “An examiner’s answer that contains a new ground of rejection must be approved and signed by the Director (or their designee).

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Tags: examiner's answer, New Grounds Of Rejection, patent appeal, Technology Center Director