What constitutes a new ground of rejection in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. While MPEP 706.07(e) discusses the withdrawal of final rejections to apply new grounds of rejection, it refers to MPEP § 1207.03 for a detailed discussion of what constitutes a new ground of rejection. The manual states: “See MPEP § 1207.03 for a discussion of what may constitute a new ground of rejection.” Generally, a new ground of rejection may include: Citing a new reference that was not previously relied upon Relying on a different portion of a previously cited reference Changing the statutory basis of the rejection Presenting a new factual finding or reasoning to support a rejection It’s important to note that determining whether a rejection constitutes a new ground can be complex and depends on the specific circumstances of each case. Patent examiners and applicants should carefully review MPEP § 1207.03 for a comprehensive understanding of this topic. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse New Ground of Rejection for New Prior Art MPEP 1207.03 Required New Ground of Rejection Must Be Approved by Director MPEP 1207.03 New Ground of Rejection Must Be Approved by Director MPEP 1207.03 Required New Grounds of Rejection Must Be Prominently Identified MPEP 1207.03 New Grounds of Rejection Must Be Prominently Identified MPEP 1207.03 Permitted New Ground of Rejection Approved by Supervisor Requires Reopening MPEP 1207.03 New Ground of Rejection for Minor Prior Art Citation MPEP 1207.03 Recommended Withdrawal of Previous Rejection for New Ground MPEP 706.07(e) Recommended Final Rejection Can Be Withdrawn for New Grounds MPEP 706.07(e) Permitted Evidence Must Relate to New Ground of Rejection MPEP 1207 Required Other Related FAQs 5 FAQs Collapse What is t...