What constitutes a new ground of rejection in patent examination?

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.

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Tags: Mpep 1207 03, Mpep 120703, New Ground Of Rejection, patent examination process