How does the Board handle new grounds of rejection?
When the Patent Trial and Appeal Board issues a new ground of rejection, specific procedures must be followed. According to MPEP 1213:
See MPEP § 1214.01 concerning the procedure following a new ground of rejection by the Board under 37 CFR 41.50(b).
Key points about new grounds of rejection by the Board:
- The Board has the authority to issue new grounds of rejection under 37 CFR 41.50(b)
- When this occurs, specific procedures outlined in MPEP 1214.01 must be followed
- These procedures typically give the appellant options to respond to the new rejection
- Options may include requesting rehearing or reopening prosecution
It’s crucial for appellants to carefully review MPEP 1214.01 when faced with a new ground of rejection to understand their rights and available courses of action.
To learn more: