What is the process for rejecting previously allowed claims in patent examination?

The process for rejecting previously allowed claims involves the following steps:

  • The examiner must obtain approval from the supervisory patent examiner (SPE) before rejecting a previously allowed claim.
  • The examiner should clearly explain the reasons for the rejection in the Office action.
  • The applicant must be given a non-final Office action with a new ground of rejection, unless the rejection is necessitated by an IDS filed in the allowed application.

As stated in MPEP 706.04: Great care should be exercised in making such a rejection.

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Tags: patent examination, Previously Allowed Claims, Spe Approval