What options does an appellant have when faced with a new ground of rejection?

When the Patent Trial and Appeal Board (PTAB) issues a new ground of rejection, the appellant has two options according to MPEP 1213.02:

1. Reopen prosecution: The appellant can submit an amendment to the rejected claims or new evidence, or both, and have the examiner reconsider the case.
2. Request rehearing: The appellant can request that the Board rehear the case based on the same record.

The MPEP states:

“When the Board enters such a non-final decision, the appellant, within two months from the date of the decision, must exercise one of the following two options with respect to the new ground of rejection to avoid termination of the appeal as to the rejected claims:”

It’s crucial to note that the appellant must choose one of these options within two months of the Board’s decision to avoid termination of the appeal for the rejected claims.

To learn more:

• PTAB
• new ground of rejection
• patent appeal
• claim rejection
• reopen prosecution
• request rehearing